Last updated: February 8, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Scaled Growth Agency ("we," "us," "our," or "Company"), governing your access to and use of our website at scaledgrowthagency.com and all associated services, applications, and platforms (collectively, the "Services").
By creating an account, accessing, or using any part of our Services, you acknowledge 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 not access or use the Services.
If you are using the Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such case, "you" and "your" refer to that entity.
Scaled Growth Agency provides a software-as-a-service (SaaS) platform designed to help businesses streamline and automate their operations. Our Services include, but are not limited to:
We may add, modify, or discontinue features of the Services at any time. We will provide reasonable notice for any material changes that significantly reduce the functionality available under your current plan.
To access the Services, you must create an account by providing accurate, current, and complete information as prompted during the registration process. You agree to update your account information promptly to keep it accurate and complete at all times.
You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately at support@scaledgrowthagency.com if you suspect any unauthorized access to or use of your account. You are responsible for all activities that occur under your account, whether or not you authorized them.
You must be at least 18 years of age and legally authorized to enter into binding contracts to use the Services. If you are registering on behalf of a business, you represent that you are duly authorized to bind that business to these Terms.
Each business location requires its own account. If you operate multiple locations, multi-location account linking is available and allows you to manage all locations from a unified dashboard. Contact us for details on multi-location plans and pricing.
The Services are offered through monthly or annual subscription plans, each providing access to different feature tiers and usage limits. Details about available plans, features, and pricing are published on our website and may be updated from time to time.
All payments are processed securely through Stripe, Inc. ("Stripe"). By subscribing, you agree to provide a valid payment method and authorize us (via Stripe) to charge that payment method for all fees associated with your subscription. You are responsible for ensuring your payment information remains current.
We reserve the right to change our pricing at any time. If we change the pricing for your current plan, we will provide you with at least 30 days' advance written notice via email before the new pricing takes effect. Your continued use of the Services after the price change constitutes acceptance of the new pricing.
Your subscription will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings or by contacting our support team.
Monthly subscriptions are non-refundable. If you cancel a monthly subscription, you will retain access to the Services through the end of your current billing period, but no refund will be issued for the remaining days. For annual subscriptions, pro-rated credits may be issued at our discretion for unused months remaining on the subscription term.
Certain Services incur usage-based charges in addition to your subscription fee. These include, but are not limited to, AI voice agent minutes, outbound and inbound SMS/MMS messages, and WhatsApp messages. Usage-based charges are billed monthly in arrears based on your actual usage during the preceding billing period. Current usage rates are available in your account dashboard and on our pricing page.
If a payment fails, we will attempt to charge your payment method again and notify you of the failure. If payment remains unsuccessful after reasonable attempts, we may suspend your access to the Services until the outstanding balance is resolved.
You agree to use the Services only for lawful purposes and in accordance with these Terms. Specifically, you agree that you will not:
We reserve the right to investigate and take appropriate action against any violations of this section, including suspending or terminating your account and reporting conduct to law enforcement authorities.
The AI voice agent operates on behalf of your business. You are solely responsible for the information, instructions, and training data you provide to configure the agent, including but not limited to menus, business hours, pricing, policies, and scripted responses. The agent's behavior in calls reflects your business, and you accept full responsibility for its interactions with your customers.
We provide the AI technology platform; you provide the business-specific training data. The accuracy, completeness, and appropriateness of the agent's responses depend on the quality and accuracy of the data you supply. You should regularly review and update your configuration to ensure the agent provides correct information to your customers.
Call recordings generated by the AI voice agent are owned by you, the business account holder. You may access, download, and delete recordings through your account dashboard. You are solely responsible for compliance with all applicable call recording and consent laws in your jurisdiction when using call recording features.
We may use anonymized and aggregated data derived from interactions with the AI voice agent to improve our AI models, algorithms, and the overall quality of the Services. This data will be stripped of personally identifiable information and will not be attributable to you or your customers. See our Privacy Policy for details.
While we strive to provide a high-quality AI experience, we do not guarantee that the AI voice agent will respond with 100% accuracy in all situations. AI systems may occasionally misunderstand callers, provide incomplete responses, or make errors. You are responsible for monitoring the agent's performance and making corrections to your configuration as needed. We strongly recommend reviewing call transcripts regularly and adjusting your prompts and training data to improve accuracy over time.
You must ensure that your use of the AI voice agent and any associated call recording features comply with all applicable laws, including but not limited to federal and state wiretapping laws, consent requirements, and notification obligations. We are not responsible for your failure to comply with applicable recording laws.
You retain full ownership of all data, content, and information you upload, input, or generate through the Services ("Your Data"). This includes your business information, customer records, menus, reservation data, call recordings, messaging history, and all other content you provide or that is created on your behalf through your use of the Services.
By using the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, store, transmit, and display Your Data solely as necessary to provide, maintain, and improve the Services. This license is limited to the purposes of operating the platform and does not grant us any ownership rights over Your Data.
You are responsible for the accuracy, quality, and legality of Your Data and the means by which you acquired it. We are not responsible for errors, omissions, or inaccuracies in the information you provide through the Services.
You are solely responsible for obtaining all necessary consents, permissions, and authorizations from your customers before collecting, storing, or processing their personal information through the Services. This includes consents required for call recording, SMS messaging, email marketing, and any other communications facilitated by the platform. You represent and warrant that you have obtained all such consents in compliance with applicable laws.
Our collection, use, and handling of personal information are governed by our Privacy Policy. Please review it carefully for complete details on how we handle data.
The Services, including all software, code, design, user interface, AI models, algorithms, documentation, trademarks, logos, and all other proprietary materials, are and remain the exclusive property of Scaled Growth Agency and its licensors. These Terms do not grant you any ownership interest in the Services, and all rights not expressly granted herein are reserved by us.
Your content, including your menus, branding, logos, customer data, and all other materials you provide through the Services, remains your property. We claim no ownership over your content.
You may not copy, modify, adapt, translate, reverse engineer, decompile, disassemble, distribute, sell, lease, sublicense, or create derivative works based on the Services or any part thereof without our prior written consent.
If you provide us with feedback, suggestions, feature requests, or ideas regarding the Services ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, royalty-free right to use, incorporate, and exploit the Feedback in any manner and for any purpose, including to improve and enhance the Services, without any obligation of compensation or attribution to you.
We target 99.9% uptime for the Services, measured on a monthly basis. This uptime target excludes scheduled maintenance windows and circumstances beyond our reasonable control.
We may perform scheduled maintenance on the Services from time to time. We will endeavor to provide at least 24 hours' advance notice of planned maintenance windows via email or through the platform dashboard. Whenever possible, maintenance will be scheduled during off-peak hours to minimize disruption.
While we strive to maintain high availability, we do not guarantee that the Services will be uninterrupted, error-free, or available at all times. Temporary interruptions may occur due to maintenance, updates, system failures, or other factors.
The Services rely on third-party infrastructure and service providers, including but not limited to telephony and SMS providers, Stripe (for payment processing), AI voice synthesis providers, Amazon Web Services (for hosting), and various POS integration partners. We are not responsible for outages, errors, or service disruptions caused by these third-party providers. We will use commercially reasonable efforts to restore service as quickly as possible in the event of a third-party outage.
To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Services shall not exceed the total amount you paid to us during the twelve (12) months immediately preceding the event giving rise to the claim.
To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, business opportunities, or revenue, regardless of the cause of action or the theory of liability, even if we have been advised of the possibility of such damages.
Without limiting the generality of the foregoing, we are not liable for:
The limitations of liability set forth in this section are a fundamental element of the agreement between you and us. The Services would not be provided to you without such limitations.
You agree to indemnify, defend, and hold harmless Scaled Growth Agency, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.
You may cancel your subscription at any time through your account settings or by contacting us at support@scaledgrowthagency.com. Upon cancellation, your subscription will remain active through the end of your current billing period. You will not be charged for subsequent billing periods after cancellation.
We may suspend or terminate your account and access to the Services immediately, without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or posed a risk to the security or integrity of the Services or other users. We will provide notice of the suspension or termination and the reasons for it as soon as reasonably practicable.
We may terminate your account for any reason by providing you with at least 30 days' advance written notice via email. In such case, we will provide a pro-rated refund for any prepaid but unused subscription fees.
Upon termination of your account for any reason:
These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New York, New York, or may be conducted remotely at the mutual agreement of the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive the right to participate in a class action lawsuit or class-wide arbitration against us. If this class action waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court.
Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
We reserve the right to modify or update these Terms at any time. When we make material changes, we will provide you with at least 30 days' advance notice via email to the address associated with your account. We will also update the "Last updated" date at the top of this page.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services and cancel your subscription before the changes take effect.
We encourage you to review these Terms periodically to stay informed of any updates.
These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Scaled Growth Agency regarding the Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.
You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets without your consent. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties and their respective successors and permitted assigns.
We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, wars, terrorism, pandemics, power outages, internet disruptions, or third-party service failures.
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
Scaled Growth Agency
Email: support@scaledgrowthagency.com
Website: scaledgrowthagency.com
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