Scale Your Biz - Terms of Service

Last Updated: August 27, 2024.

1. AGREEMENT TO TERMS

Welcome to Scale Your Biz ("Company," "we," "us," "our"). We are a business registered in British Columbia and Québec, Canada. These Terms of Service ("Terms") govern your access to and use of our website, mobile applications (such as Lead Connector & Kollab by Lead Connector), and any related products and services (collectively, the "Services").


By accessing our Services, you agree to these Terms, forming a legally binding agreement between you and Scale Your Biz. If you do not agree, please discontinue use immediately.


For inquiries, contact us at 1-877-851-3803 or [email protected].


We may update these Terms periodically. Please review them regularly, as continued use of the Services indicates acceptance of any changes.

2. SERVICES PROVIDED

Scale Your Biz offers an all-in-one platform designed to help small businesses, including beauty salons, manage their online presence, customer interactions, and marketing campaigns. Our services include digital loyalty programs, chatbots, funnel webinars, and a suite of marketing tools.

3. ACCOUNT REGISTRATION

To access our Services, you must create an account. You agree to provide accurate and current information during registration and keep it up-to-date. You are responsible for safeguarding your account credentials.

4. USE OF THE PLATFORM

You agree to use the platform only for lawful purposes and in accordance with these Terms. Prohibited uses include, but are not limited to:

✓Violating any applicable laws or regulations.

✓Infringing on others' rights, including intellectual property.

✓Distributing harmful or malicious content.

✓Disrupting or interfering with the platform's functionality.

5. SUBSCRIPTION AND PAYMENT

Billing and Renewal

Your subscription will automatically renew at the end of each billing cycle unless canceled. By subscribing, you consent to recurring charges to your payment method until cancellation. The billing cycle depends on your chosen subscription plan.

Manage your subscription, including billing changes, by logging into your account at https://app.scaleyourbiz.online/ and navigating to Settings > Company Billing.

Cancellation

All purchases are non-refundable.

You may cancel your subscription at any time through https://scaleyourbiz.online/subscription-management. Cancellation requests must be submitted at least 10 days before your next invoice date.

Fee Changes

We may adjust subscription fees with notification as required by law. If you are on an annual contract, an early termination fee of $279 applies if you cancel before the end of the one-year term, or $140 before the end of the trimester term.

6. INTELLECTUAL PROPERTY

All content, software, and materials on the Scale Your Biz platform, including trademarks, logos, and service marks, are the property of Scale Your Biz or its licensors and are protected by intellectual property laws. Unauthorized use, reproduction, or distribution is prohibited.

7. DATA PRIVACY

We value your privacy and will use your personal information according to our Privacy Policy. By using the platform, you consent to the collection and use of your data as described in our Privacy Policy.

8. LIMITATION OF LIABILITY

Scale Your Biz and its directors, employees, or agents shall not be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, revenue, or data arising from your use of the Services. Our liability to you is limited to the amount you paid to us in the month prior to any cause of action. Some jurisdictions may not allow these limitations, so some may not apply to you.

9. TERMINATION

We reserve the right to terminate or suspend your account at any time, without notice, if you violate these Terms. Upon termination, your access to the platform will be immediately revoked.

10. CHANGES TO THE TERMS

Scale Your Biz may update these Terms at any time by posting an updated version on the platform. Continued use after changes are posted constitutes acceptance of the new Terms.

11. GOVERNING LAW

These Terms are governed by the laws of the jurisdiction in which Scale Your Biz operates. You agree to submit to the exclusive jurisdiction of the courts located within this jurisdiction to resolve any legal matters arising from these Terms.

12. USER DATA

We will maintain data you transmit to the Services for managing their performance. While we perform routine backups, you are solely responsible for all data you transmit or that relates to your use of the Services. We are not liable for any loss or corruption of such data.

13. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURE

By visiting the Services, sending us emails, and completing online forms, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirements that such communications be in writing. You agree to the use of electronic signatures and records and waive any rights requiring original signatures or non-electronic records.

14. SMS TEXT MESSAGING

Opting Out

To stop receiving SMS messages, reply "STOP" to any message. You may receive a confirmation of your opt-out.

Message and Data Rates

Message and data rates may apply to SMS messages sent or received, as determined by your carrier and mobile plan.

Support

For assistance with SMS communications, email [email protected].

15. CANADIAN USERS AND RESIDENTS

If any complaint with us is unresolved, you may contact the Office of Consumer Affairs at the Government of Canada via this link or by phone at 1-800-328-6189.

16. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Services constitute the entire agreement between you and us. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign our rights and obligations at any time. We are not responsible for any loss or damage caused by circumstances beyond our control. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is severable from the Terms and does not affect the validity of the remaining provisions.

17. ACCOUNT TRANSFER AND USAGE RESTRICTIONS

17.1: Non-transferability of Account:

Accounts created with Scale Your Biz are non-transferable. Any unauthorized transfer, sale, or assignment may result in account termination and legal action.

17.2: Restrictions on Content:

All content generated or processed within Scale Your Biz cannot be transferred outside the designated account, except as expressly permitted.

17.3: Exclusion of Contact Data:

Contact information may be exported or transferred, provided it complies with applicable privacy laws.

17.4: Consequences of Unauthorized Transfer:

Unauthorized attempts to transfer accounts may result in termination, legal action, and other remedies.

18. PHONE MESSAGING POLICY

All messaging via the Scale Your Biz platform must comply with applicable messaging standards based on the region in which the messages are sent.

United States (A2P Messaging Standards)

For messages sent within the United States, compliance with Application-to-Person (A2P) messaging standards is required. This includes:

✓Obtaining Consent: Clear, verifiable consent (opt-in) from individuals before sending SMS messages is required. Consent cannot be bought, sold, or exchanged.

✓Providing Opt-Out Options: Every initial message must include an opt-out option, such as “Reply STOP to unsubscribe,” allowing recipients to revoke their consent at any time.

✓Sender Identification: All initial messages must clearly identify you as the sender, except in follow-up messages within an ongoing conversation.

✓Prohibited Content: Messaging related to alcohol, firearms, gambling, tobacco, or other adult content is prohibited. Additionally, content designed to evade detection mechanisms is not allowed.

Canada (CASL Compliance)


For messages sent within Canada, compliance with Canadian Anti-Spam Legislation (CASL) is required. This includes:


✓Obtaining Consent: Express consent must be obtained before sending any commercial electronic messages (CEMs), including SMS. This consent must be documented and include the purpose for which the consent is being sought.

✓Identification: All messages must clearly identify the sender and provide accurate contact information.

✓Unsubscribe Mechanism: Every message must include an easy and effective unsubscribe mechanism, allowing recipients to opt-out of future communications.

Non-compliance with these standards in the respective regions (A2P in the US and CASL in Canada) may result in suspension or removal of platform access.

19. ADDITIONAL CHARGES FOR USAGE-BASED SERVICES

Usage-based charges include:

✓Making Calls: $0.0021 per minute.

✓Receiving Calls: $0.0128 per minute.

✓Text Messages: $0.0119 per segment.

✓WhatsApp Messages: $0.0111 per conversation.

✓Premium Triggers & Actions: $0.015 per trigger/action.

✓Email Verification: $0.0037 per verification.

✓Emails: $0.001 per email sent.

✓Content AI: $0.135 per 1000 words processed.

✓Workflow AI: $0.045 per workflow executed.

✓Conversation AI: $0.03 per message processed.

✓Review AI: $0.12 per review response generated.


All charges are exclusive of applicable taxes or surcharges and are subject to change with notice.

20. SOCIAL MEDIA INTEGRATION

As part of our Services, you can link your account with third-party services ("Third-Party Accounts") by providing login details or allowing us access as permitted by those services' terms.

By linking a Third-Party Account, you confirm that you have the right to share your login details with us and that doing so does not violate any agreements with the third-party provider. We may access, display, and store content from your Third-Party Account on our platform. Depending on your privacy settings, some personal information from your Third-Party Account might be visible on our platform.

If a Third-Party Account becomes unavailable or our access is revoked, content from that account may no longer be available through our Services. You can disconnect your account from a Third-Party Account at any time through your account settings or by contacting us.

Please note that your relationship with third-party service providers is governed by your agreements with them. We do not review or take responsibility for any content from your Third-Party Accounts. Additionally, we may use your email address book or contact list from your Third-Party Account to help you find contacts who also use our Services.

To disconnect a Third-Party Account, adjust your settings or contact us. We will delete any information obtained from that account, except for your username and profile picture, which will remain associated with your account.