Terms and Conditions

Last Updated: May 23, 2026

1. Agreement to Terms

These Terms and Conditions (“Terms”) form a legally binding agreement between you (“Client,” “you”) and ScaleNGN (“Company,” “we,” “us,” or “our”).

By accessing or using our services, website, or platform (collectively, the “Services”), you agree to be bound by these Terms.

If you do not agree, you must not use our Services.

2. Overview of Services

ScaleNGN provides marketing automation and reputation growth services designed to help businesses:

  • Generate and manage customer reviews

  • Automate follow-up messaging (SMS/email)

  • Improve online visibility and trust

  • Reactivate past customers

  • Integrate with CRM systems and platforms like Google Business Profile

We provide tools, automation, and strategic support—but outcomes depend on your business, customers, and usage.

3. Eligibility

You must be at least 18 years old to use our Services.

By using our Services, you confirm that:

  • You have legal authority to enter this agreement

  • Your use complies with all applicable laws

4. Accounts & Registration

You may be required to create an account.

You agree to:

  • Provide accurate and complete information

  • Keep your login credentials secure

  • Be responsible for all activity under your account

We reserve the right to suspend or terminate accounts for misuse or false information.

5. Payments & Billing

Pricing

All prices are listed in USD and may change at any time.

Subscriptions

  • Services may be billed monthly or annually

  • Subscriptions automatically renew unless canceled

Authorization

You authorize us to charge your payment method on file for all recurring charges.

Refunds

Unless otherwise stated, payments are non-refundable.

6. Cancellation

You may cancel your subscription at any time.

  • Cancellation takes effect at the end of your current billing period

  • You will retain access until the end of that period

  • No partial refunds are issued

7. Acceptable Use

You agree NOT to use our Services to:

  • Send messages without proper consent

  • Violate spam, privacy, or communication laws (TCPA, CAN-SPAM, etc.)

  • Harass, mislead, or deceive recipients

  • Upload unlawful or unauthorized data

  • Attempt to disrupt or reverse-engineer the platform

Violation may result in immediate suspension or termination.

8. Messaging & Automation Responsibilities

By using ScaleNGN, you authorize us to send communications on your behalf, including:

  • SMS messages

  • Emails

  • Automated follow-ups

Your Responsibilities as a Client:

You are fully responsible for:

  • Obtaining proper consent before contacting customers

  • Ensuring compliance with all applicable laws

  • Managing opt-outs and communication preferences

  • Reviewing and approving messaging content

We provide default templates and automation, but you control and are responsible for how they are used.

9. SMS Communications

9.1 Overview of Messaging Services

ScaleNGN provides messaging functionality that allows Clients to send SMS and other communications to their customers, including but not limited to:

  • Review requests

  • Appointment reminders

  • Customer follow-ups

  • Service-related notifications

  • Marketing or promotional messages (where permitted by law)

Messages may be sent using automated technology.

9.2 Client Consent Requirements

By using the Services, you represent and warrant that:

  • You have obtained prior express consent from all recipients before sending SMS messages

  • For marketing messages, you have obtained prior express written consent where required

  • You maintain accurate records of such consent

ScaleNGN does not verify consent and relies entirely on Client compliance.

9.3 Opt-Out Instructions

Recipients must be able to opt out of receiving SMS messages at any time by replying:

STOP

Upon opting out:

  • No further messages should be sent

  • A confirmation message may be delivered

9.4 Help & Support

Recipients may request assistance by replying:

HELP

For additional support, contact:
[email protected]

9.5 Message Frequency

Message frequency may vary depending on Client configuration and customer interaction.

9.6 Message & Data Rates

Standard message and data rates may apply based on the recipient’s mobile carrier and plan.

9.7 Carrier Disclaimer

Mobile carriers are not liable for delayed or undelivered messages.

9.8 Role of ScaleNGN

ScaleNGN acts solely as a technology platform and service provider.

  • Messages are sent on behalf of the Client

  • ScaleNGN does not control recipient lists or consent collection

  • The Client is solely responsible for compliance with applicable laws

9.9 Prohibited Messaging Use

Clients may not use the Services to:

  • Send messages without proper consent

  • Violate applicable laws (including TCPA, CAN-SPAM, or similar regulations)

  • Send spam, misleading, or abusive communications

Violation may result in immediate suspension or termination.

10. No Guarantees

We do not guarantee:

  • A specific number of reviews

  • Positive reviews or ratings

  • Increased revenue or business growth

Results vary based on your business, customer experience, and usage.

11. Intellectual Property

All content, branding, software, and systems provided by ScaleNGN remain our property.

You are granted a limited, non-transferable license to use our Services for your business.

You may not copy, resell, or redistribute our systems without permission.

12. User Content

If you submit or upload content (including customer data, reviews, or messaging):

  • You confirm you have the legal right to use it

  • You grant us permission to process and use it to deliver Services

You remain responsible for that content.

13. Data & Privacy

We process data in accordance with our Privacy Policy.

You are responsible for:

  • Lawful collection of customer data

  • Providing required notices to your customers

  • Compliance with data protection laws (GDPR, CCPA, etc.)

14. Third-Party Integrations

Our Services may integrate with third-party platforms (e.g., Google, CRM systems).

We are not responsible for:

  • Changes to third-party platforms

  • Downtime or service interruptions caused by those platforms

15. Service Availability

We aim for reliable service but do not guarantee uninterrupted access.

We are not liable for:

  • Temporary outages

  • Technical issues

  • Third-party disruptions

16. Termination

We may suspend or terminate your access if you:

  • Violate these Terms

  • Fail to pay

  • Use the platform unlawfully

Upon termination:

  • Access to Services ends

  • Data may be deleted after a reasonable period

17. Limitation of Liability

To the fullest extent permitted by law:

ScaleNGN will not be liable for:

  • Indirect or consequential damages

  • Lost profits, revenue, or data

  • Customer disputes or messaging outcomes

Our total liability will not exceed the amount paid by you in the previous 30 days.

18. Indemnification

You agree to defend and indemnify ScaleNGN against any claims arising from:

  • Your use of the Services

  • Your violation of laws or these Terms

  • Messaging sent without proper consent

  • Customer complaints or legal actions

19. Governing Law

These Terms are governed by the laws of the United States and the State of Maryland.

20. Dispute Resolution

Any disputes will be resolved through binding arbitration rather than court proceedings.

You agree to:

  • Waive the right to a jury trial

  • Resolve disputes individually (no class actions)

21. Changes to Terms

We may update these Terms at any time.

Continued use of the Services constitutes acceptance of the updated Terms.

22. Contact Information

ScaleNGN
United States

Email: [email protected]