Terms of Service

1. The Service

The Service is a marketing platform for businesses: AI-assisted website generation and editing, hosting coordination, lead capture and CRM, appointment booking, AI chat, SEO and content tools, and email and text-message campaigns and automations. Features available to a Client depend on the Client's subscription plan.

2. Accounts and eligibility

The Service is offered to businesses only, not to consumers. You must be at least 18 years old and authorized to act for the Client. You are responsible for the security of your sign-in email and for all activity under the account. Notify us immediately of any unauthorized use.

3. Client content and data

The Client retains all rights to the business information it provides, to content generated for it, and to the contact records ('End User Data') collected through its websites, forms, chat and bookings. The Client grants SGP a license to host, process, display and transmit this content and data solely to operate and improve the Service.

SGP processes End User Data as a service provider on the Client's behalf and does not sell it or use it to market to the Client's customers for SGP's own benefit.

4. Messaging compliance — the Client's warranties

The Service includes email and SMS marketing tools. The Client is the sender of every campaign and automation it launches and warrants that: (a) every recipient gave the required consent (express written consent for marketing texts under the TCPA; a lawful basis for email under CAN-SPAM); (b) it will not upload purchased, rented or scraped contact lists; (c) message content will be truthful, lawful and consistent with the opt-in the recipient gave; and (d) it will honor opt-outs immediately — the platform enforces STOP and unsubscribe automatically and the Client must not attempt to bypass suppression lists.

SGP may pause or refuse any campaign, sender or account that generates unusual complaint rates, carrier filtering, legal risk, or that violates these Terms — protecting deliverability for every Client on the platform.

4a. Text messages from Scale Growth Partners (SMS program terms)

Scale Growth Partners may itself send text messages — service notifications, onboarding follow-ups, appointment reminders and occasional product updates — to clients, their team members and prospects who opted in through the SGP client portal, SGP-operated websites and lead forms. Consent is not a condition of purchase. Message frequency varies. Message and data rates may apply. Reply STOP at any time to opt out, or HELP for help. Carriers are not liable for delayed or undelivered messages; supported carriers may vary. For messaging support, contact us at the address in the "Contact" section below. Our data practices, including the commitment that no mobile information is shared with third parties or affiliates for marketing purposes, are described in the Privacy Policy.

5. Fees, subscriptions and pass-through costs

Subscription fees are billed in advance on the schedule shown at checkout and are non-refundable except where required by law. Plan limits (pages, messages, conversations and similar) are described in the Client's plan.

Certain costs are incurred with third parties specifically for the Client and are passed through at cost, without markup: carrier and messaging fees for SMS campaigns (per message segment), regulatory registration fees for text messaging (for example A2P 10DLC brand, campaign and phone-number fees), and per-message costs of email campaigns beyond plan allowances. The Client authorizes Scale Growth Partners to charge these amounts to the payment method on file. A usage breakdown is available in the account before any charge.

6. AI-generated content

Parts of the Service generate content with artificial intelligence (site copy, email and text drafts, chat replies). AI output can be imperfect. Nothing is published or sent to the Client's customers without a human action by the Client (approve, send, or enabling an automation with reviewed message texts), and the Client is responsible for reviewing content before approving it. AI chat conversations with the Client's website visitors are answered from the business facts the Client provided.

7. Third-party services

The Service is built on third-party infrastructure and providers — including hosting, email and SMS delivery, payments and analytics (see the Privacy Policy for the current list). Their availability affects the Service; where a provider imposes its own acceptable-use rules (for example carrier messaging policies), those rules also apply to the Client's use.

8. Websites and domains

Websites are built on managed WordPress infrastructure. Until a Client connects its own domain, sites run on test domains that SGP controls. The Client is responsible for the rights to any domain it connects and for the accuracy of business information published on its site.

9. Intellectual property

SGP retains all rights in the Service, its software, templates and know-how. These Terms grant the Client no rights in the platform itself. Content generated for the Client through the Service belongs to the Client once delivered, excluding the underlying templates and software.

10. Termination

The Client may cancel at any time, effective at the end of the paid period. SGP may suspend or terminate accounts for material breach of these Terms, non-payment, or legal risk. After termination the Client may request an export of its End User Data within 30 days; afterwards data is deleted on the schedule described in the Privacy Policy.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." SGP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SGP DOES NOT WARRANT UNINTERRUPTED OPERATION, PARTICULAR MARKETING RESULTS, SEARCH RANKINGS, OR DELIVERABILITY OF ANY MESSAGE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SGP'S TOTAL LIABILITY ARISING OUT OF THE SERVICE IS LIMITED TO THE FEES PAID BY THE CLIENT IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, AND SGP IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA.

13. Indemnification

The Client will defend and indemnify SGP against claims arising from the Client's content, its marketing lists and consent practices, its products and services, or its breach of these Terms — including TCPA and CAN-SPAM claims relating to campaigns the Client launched.

14. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules. Disputes will be resolved in the state or federal courts located in New York, and each party consents to their jurisdiction.

15. Changes

We may update these Terms; material changes will be announced in the portal or by email at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

16. Contact

ELR Management Corp d/b/a Scale Growth Partners, 1 Garvies Point Rd, Glen Cove, NY 11542, United States. Email: reception@robertgerov.com.