1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the website and services provided by Scalency ("Scalency," "we," "us," or "our"). By submitting a form, booking a call, or engaging Scalency's services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, please do not use our Services.
2. Description of Services
Scalency provides appointment-generation and marketing services to businesses in the home improvement industry, including kitchen remodeling companies ("Services"). Our Services generally involve running paid advertising campaigns to generate interest from prospective homeowners, pre-qualifying those prospects, and booking exclusive appointments onto the Client's calendar.
3. Eligibility
Our Services are intended for licensed businesses operating in the United States home improvement industry. By submitting a form or engaging our Services, you represent that you are authorized to act on behalf of the business you represent and that the information you provide is accurate.
4. Payment Terms — Pay-Per-Appointment Model
Unless otherwise agreed in a separate written service agreement, Scalency's Services are billed on a pay-per-appointment basis, meaning the Client is invoiced only for appointments that meet the agreed qualification criteria (as defined in the Client's service agreement) and that are successfully booked onto the Client's calendar.
Appointment qualification criteria, pricing per appointment, invoicing frequency, and payment methods will be set out in the Client's individual service agreement or order form.
An appointment is considered "delivered" once it is booked in accordance with the agreed criteria, regardless of whether the Client's prospective customer ultimately shows up to the appointment or converts into a paying customer, except where a specific show-rate or replacement policy is separately agreed in writing.
Late payments may result in suspension of Services until outstanding amounts are paid in full.
5. Performance Guarantee
Any specific performance guarantee advertised by Scalency (for example, a stated number of appointments within a defined period) is subject to the exact terms, conditions, and qualification criteria set out in the Client's individual service agreement. Advertised guarantees on marketing pages are illustrative of Scalency's typical offer and do not themselves constitute a binding contractual guarantee; the signed service agreement between Scalency and the Client governs the applicable guarantee, including any conditions the Client must meet (such as timely responsiveness, adequate service-area capacity, and providing accurate business information) for the guarantee to apply.
6. Client Responsibilities
To enable Scalency to deliver the Services, the Client agrees to:
- Provide accurate and current information about its business, service area, and capacity.
- Respond to booked appointments and prospective customers in a timely and professional manner.
- Maintain any licenses, insurance, and qualifications required to legally perform the services it advertises.
- Not resell, share, or redistribute appointments delivered by Scalency to third parties without prior written consent.
7. No Guarantee of Sales or Revenue
Scalency generates and delivers appointments but does not control, and is not responsible for, whether a booked appointment results in a completed sale, signed contract, or any specific revenue outcome for the Client. Conversion of appointments into paying customers depends on factors outside Scalency's control, including the Client's sales process, pricing, service quality, and responsiveness.
8. Term, Cancellation & Termination
Unless a different term is specified in an individual service agreement, Services are provided on a month-to-month basis. Either party may terminate the arrangement in accordance with the notice period specified in the Client's service agreement. Scalency reserves the right to suspend or terminate Services immediately in the event of non-payment, misuse of the Services, or breach of these Terms.
9. Advertising & Third-Party Platforms
Scalency's Services may rely on third-party advertising platforms (including Meta/Facebook and Google) to generate appointments. Scalency is not responsible for changes to third-party advertising policies, algorithms, availability, or costs that may affect campaign performance. Scalency's use of these platforms is independent, and Scalency is not endorsed by, affiliated with, or sponsored by any such platform.
10. Intellectual Property
All content on Scalency's website and marketing materials, including text, graphics, logos, and creative assets, is the property of Scalency or its licensors and may not be copied, reproduced, or used without prior written permission.
11. Confidentiality
Each party agrees to keep confidential any non-public business, financial, or strategic information shared by the other party in connection with the Services, and to use such information solely for the purpose of performing under these Terms.
12. Limitation of Liability
To the fullest extent permitted by law, Scalency's total liability arising out of or relating to the Services shall not exceed the amount paid by the Client to Scalency in the three (3) months preceding the claim. Scalency shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or lost business opportunities, arising from the use of, or inability to use, the Services.
13. Indemnification
The Client agrees to indemnify and hold harmless Scalency, its officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from the Client's breach of these Terms, misuse of the Services, or violation of applicable law, including any claims arising from the Client's interactions with appointments delivered by Scalency.
14. Dispute Resolution & Governing Law
These Terms shall be governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any disputes arising out of or relating to these Terms shall first be addressed through good-faith negotiation between the parties, and if unresolved, shall be subject to the dispute resolution process specified in the Client's individual service agreement (e.g., binding arbitration or the courts of a specified jurisdiction).
15. Communications Consent
By submitting your information through our forms, you consent to receive calls, text messages, and emails from Scalency regarding your inquiry and the Services, in accordance with our Privacy Policy. Message and data rates may apply. You may opt out at any time as described in our Privacy Policy.
16. Changes to These Terms
Scalency may update these Terms from time to time. The updated version will be indicated by a revised "Last updated" date, and continued use of our Services after changes are posted constitutes acceptance of the revised Terms.