Draft. Have a lawyer review this page before the site goes live.
It was written for a Canadian (Alberta) business serving customers in Canada and the US. Text in [brackets] still needs your details.
1. About these terms
These Terms of Service ("Terms") are an agreement between you and [LEGAL BUSINESS NAME], doing business as TheScaleFlow ("TheScaleFlow," "we," "us," or "our"), based in Calgary, Alberta, Canada. They apply when you use thescaleflow.com and when you buy our services. By using our website or services, you agree to these Terms.
2. Who can use our services
Our services are for businesses. You must be at least 18 years old and allowed to make agreements for your business.
3. Our services
TheScaleFlow provides a done-for-you website and marketing system for one monthly price. The plan includes:
- A custom website built for Google: 10–20 pages: one for each service and each area you work in. Comes with a quote form, website chat, and your reviews on display.
- A local business number: A local number for your business that rings straight to your cell.
- Missed-call text back: Can't pick up? The caller gets a text right away with a link to request a quote.
- Review requests: After a job, type in the customer's name and number and hit send. Reminders go out on their own.
- AI replies to Google reviews: Every Google review gets a reply. AI writes it, so you don't have to.
- 5-star reviews posted to Google: New 5-star reviews are posted to your Google Business Profile automatically.
- A year of follow-up: After each job, your customer gets offer and referral texts for a full year.
- Past-customer texts: Texts go out to your past customers asking for a review or their next job.
- One app for all of it: Leads, texts, and reviews in one place, right on your phone.
We may update, improve, or change features of our services from time to time.
4. Pricing and payment
- The plan costs $297 per month. Prices are in [CURRENCY: USD or CAD].
- Your website is built free, and there is no setup fee.
- If you pay for 3 months upfront ($891), we set up your Google Business Profile for free. That setup is normally a one-time fee of $300.
- Each extra location costs $97 per month.
- Prices do not include taxes. Taxes such as GST are added where the law requires.
- [Add when billing starts, how you charge (card, invoice), and what happens if a payment fails.]
5. No contract and cancelling
- There is no long-term contract. Your plan renews each month until you cancel.
- You can cancel anytime by contacting us at myv@thescaleflow.com or (587) 966-0193.
- [Add when a cancellation takes effect and your refund policy.]
- Website buyout. If you cancel and want to keep your website, you can buy it for a one-time fee of $1,000. [Describe what is handed over, for example site files or a hosting transfer, and what happens to the website if you don't buy it out.]
6. Your domain
If you already own a domain name, you keep it. [Add who registers and owns the domain for clients who don't have one.]
7. What we need from you
- Photos and content. You give us the photos and business details for your website. You confirm you have the right to use them, and you let us use them to build and run your website and marketing.
- Accurate information. You're responsible for the services you offer and for the information about your business being accurate, including any licenses, insurance, or claims shown on your website.
- Lawful use. You won't use our services to send spam or to share anything illegal, misleading, or harmful.
8. Texts sent for your business
Our tools send texts on your behalf to your own leads and customers, such as missed-call text backs, review requests, follow-up campaigns, and past-customer texts.
- Your business is the sender of those messages. You are responsible for having the right to contact each person and for getting any consent the law requires, including under Canada's Anti-Spam Legislation (CASL) and the US Telephone Consumer Protection Act (TCPA).
- You won't upload purchased, rented, or scraped contact lists.
- Before texts can be sent, your business may need to be registered with phone carriers (for example, US A2P 10DLC registration).
- Opt-out replies such as STOP are processed automatically. You must not message anyone who has opted out.
- We may pause messaging if we believe it breaks the law or carrier rules.
9. SMS terms: TheScaleFlow text messages
These terms cover the text messages TheScaleFlow sends to you about your own inquiry.
- Program description. TheScaleFlow sends text messages to people who opt in on our website forms or booking calendar. Messages are about your inquiry, such as replies to your questions, demo confirmations and reminders, and follow-up about the services you asked about.
- How you opt in. By checking the SMS consent box on a form or the booking calendar. Agreeing to texts is optional and is not a condition of booking a demo or buying anything.
- Message frequency. Message frequency varies.
- Rates. Message and data rates may apply. Check your mobile plan for details.
- How to opt out. Reply STOP to any message. You'll get one final message confirming you've been unsubscribed, and then no more texts. You can also reply CANCEL, END, QUIT, UNSUBSCRIBE, or STOPALL.
- Help. Reply HELP to any message, or contact us at myv@thescaleflow.com or (587) 966-0193.
- Carriers. Mobile carriers are not liable for delayed or undelivered messages.
- Privacy. We never share or sell your mobile number or SMS consent to third parties for marketing. See our Privacy Policy.
- Support. Email myv@thescaleflow.com or call (587) 966-0193.
10. Results and other companies' platforms
- We don't promise specific results. We don't guarantee search rankings or a number of leads, calls, reviews, or sales. SEO usually takes 3 to 6 months, and results depend on things outside our control.
- Our services rely on other companies' platforms, such as Google, GoHighLevel, phone carriers, and hosting providers. We don't control them and aren't responsible for their outages, rule changes, or decisions, such as how Google ranks websites or handles reviews.
- TheScaleFlow is not affiliated with or endorsed by Google.
- Some features use AI, such as replies to Google reviews. AI can make mistakes. Tell us if something needs to change.
11. Who owns what
- You own your business content: your photos, logo, and business information. The leads and customer information that come in through your website and Google profile are yours.
- We own our tools, templates, and systems, and the website design and code we create, unless you buy out your website under section 5.
12. Disclaimers and limits on liability
To the extent the law allows, our website and services are provided "as is" and "as available," without warranties of any kind. To the extent the law allows, we are not liable for indirect, incidental, special, or consequential damages, or for lost profits, revenue, or data. Our total liability for any claim is limited to the amount you paid us in the 3 months before the claim.
13. Your responsibility for claims
You agree to cover our losses and costs from claims caused by your content, the messages sent for your business, or your breaking these Terms or the law.
14. Suspending or ending service
We may suspend or end our services if you don't pay, break these Terms, or use our services unlawfully.
15. Governing law
These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada that apply there. Any dispute will be handled in the courts of Alberta, in Calgary, unless the law where you live requires otherwise.
16. Changes to these Terms
We may update these Terms. The date at the top of this page shows the latest version. If you keep using our services after an update, the new Terms apply.
17. Contact us
Email: myv@thescaleflow.com
Phone: (587) 966-0193
Mail: [LEGAL BUSINESS NAME], [MAILING ADDRESS], Calgary, Alberta, Canada