Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the website scalegrow.com ("Website") and any design, consulting, or related services ("Services") provided by ScaleGrow Inc. ("ScaleGrow," "we," "us," or "our").

By accessing our Website or engaging our Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, please do not use our Website or Services.

2. Services Overview

ScaleGrow provides design and consulting services including but not limited to:

• Website and landing page design
• Application and product UX design
• Pitch deck design
• Document and sales collateral design
• Brand repositioning and strategy

Specific deliverables, timelines, and pricing are outlined in individual project proposals or statements of work ("SOW"), which are incorporated into these Terms by reference.

3. Payment Terms

3.1 Deposit

A non-refundable deposit of fifty percent (50%) of the total project fee is required before work begins. This deposit reserves your place in our production schedule and compensates for opportunity cost of allocated time.

3.2 Final Payment

The remaining fifty percent (50%) of the project fee is due upon completion of the project, prior to delivery of final files and assets. "Completion" means the deliverables have been presented and the included revision round (if applicable) has been exhausted or waived.

3.3 Payment Methods

Payment instructions will be provided on invoices. All fees are quoted and payable in U.S. dollars unless otherwise specified in the SOW.

3.4 Late Payment Fees

Invoices not paid within fourteen (14) days of the due date will incur a late fee of one and a half percent (1.5%) per month (18% annual percentage rate) on the outstanding balance. This fee accrues monthly until the balance is paid in full.

3.5 Collection Costs

If collection efforts become necessary, you agree to pay all reasonable costs of collection, including attorney fees and court costs.

4. Project Process and Timeline

4.1 Client Responsibilities

Timely completion of projects requires your active participation. You agree to:

• Provide necessary materials, content, feedback, and approvals in a timely manner
• Designate a single point of contact authorized to make decisions
• Respond to requests for feedback within fourteen (14) days unless otherwise agreed

4.2 Feedback Windows

At each project milestone requiring your input, you have fourteen (14) days to provide feedback or approval. Failure to respond within this window may result in project delays, and ScaleGrow is not responsible for missed deadlines caused by delayed client feedback.

4.3 Project Abandonment

If thirty (30) days pass without any response from you to our communications, we will send a formal written notice to your email on file. If an additional fourteen (14) days pass without response (forty-four days total), the project will be deemed complete. At that point:

• The final invoice for all remaining fees becomes immediately due
• Deliverables will be provided in their current state
• No refunds will be issued for work completed

4.4 Project Reactivation

Projects deemed complete due to abandonment may be reactivated subject to our availability. A reactivation fee of one thousand dollars ($1,000) or twenty percent (20%) of the original project value, whichever is greater, will apply. This fee compensates for the cost of context-switching and schedule re-prioritization.

5. Revisions and Scope

5.1 Included Revisions

Unless otherwise specified in the SOW, each project includes one (1) round of revisions. A "revision" means modifications to work already presented, within the original project scope.

5.2 Additional Revisions

Revision requests beyond the included round will be billed at our standard hourly rate, communicated in advance and agreed upon before work proceeds.

5.3 Scope Changes

Requests that fall outside the original scope of work constitute new work and require a separate estimate and agreement. We reserve the right to adjust timelines and fees for scope changes.

6. Cancellation and Refunds

6.1 Cancellation by Client

You may cancel a project at any time by providing written notice. Upon cancellation:

• The deposit is non-refundable
• If work completed exceeds the value of the deposit, you will be invoiced for the additional amount
• Any work product completed through the cancellation date will be delivered upon payment of all outstanding fees

6.2 Cancellation by ScaleGrow

We reserve the right to terminate a project for cause, including but not limited to: non-payment, failure to provide required materials after reasonable requests, abusive conduct, or requests that violate our policies or ethical standards. Upon our termination:

• You will be invoiced for all work completed
• Deliverables completed will be provided upon full payment
• Unused portions of fees paid (beyond work completed) will be refunded

6.3 Refund Policy

We do not offer refunds for completed work. If you are dissatisfied with a deliverable, the included revision round is your remedy. We are committed to working with you to achieve a satisfactory result within the agreed scope.

7. Intellectual Property

7.1 Ownership of Deliverables

Upon receipt of full payment, you own all rights to the final deliverables created specifically for your project. This includes design files, graphics, and other custom work product.

7.2 Exceptions

Ownership does not transfer for:

• Third-party assets (stock photos, fonts, plugins) which remain subject to their respective licenses
• ScaleGrow's pre-existing tools, templates, frameworks, or methodologies
• Work product for which full payment has not been received

7.3 Portfolio Rights

We retain the right to display completed work in our portfolio, case studies, and marketing materials unless you provide written notice requesting confidentiality prior to project commencement.

7.4 Work in Progress

Until final payment is received, all work product remains the property of ScaleGrow. You may not use, publish, or distribute unpaid work.

8. Confidentiality

8.1 Mutual Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the project. This includes business strategies, financial information, trade secrets, and unpublished work.

8.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no fault of the receiving party
• Was known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

8.3 Duration

Confidentiality obligations survive the termination of our engagement for a period of two (2) years.

9. Warranties and Disclaimers

9.1 Our Warranty

We warrant that Services will be performed in a professional and workmanlike manner consistent with industry standards.

9.2 Disclaimer

EXCEPT AS EXPRESSLY STATED, SERVICES AND DELIVERABLES ARE PROVIDED "AS IS." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 No Guarantee of Results

While we design with conversion and business outcomes in mind, we do not guarantee specific business results, traffic levels, conversion rates, or revenue outcomes. Design is one factor among many that influence business performance.

10. Limitation of Liability

10.1 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SPECIFIC PROJECT GIVING RISE TO THE CLAIM.

10.2 Exclusion of Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, OR LOST DATA, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Exceptions

Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal dispute resolution, both parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for at least thirty (30) days.

11.2 Mediation

If informal resolution fails, the parties agree to submit the dispute to mediation administered by a mutually agreed-upon mediator in Los Angeles County, California. The costs of mediation shall be shared equally.

11.3 Litigation

If mediation does not resolve the dispute, either party may pursue the matter in the state or federal courts located in Los Angeles County, California. Both parties consent to the exclusive jurisdiction and venue of these courts.

11.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

12. Indemnification

You agree to indemnify, defend, and hold harmless ScaleGrow, its owners, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from:

• Your breach of these Terms
• Your violation of any third-party rights
• Content or materials you provide for use in deliverables
• Your use of the deliverables

13. Website Terms

13.1 Website Use

Our Website is provided for informational purposes and to facilitate engagement of our Services. You agree not to:

• Use the Website for any unlawful purpose
• Attempt to gain unauthorized access to any portion of the Website
• Interfere with the Website's operation or security
• Scrape, copy, or reproduce Website content without permission

13.2 Accuracy of Information

We strive to keep Website information current but do not warrant that all information is accurate, complete, or current. Portfolio examples represent past work and may not reflect current capabilities or offerings.

13.3 Third-Party Links

Our Website may contain links to third-party websites. We are not responsible for the content or practices of linked sites.

14. Accessibility Commitment

14.1 Our Standards

ScaleGrow is committed to ensuring digital accessibility for people with disabilities. We aim to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.

14.2 Ongoing Efforts

We continually work to improve the accessibility of our Website through:

• Regular accessibility audits
• Staff training on accessibility best practices
• Integration of accessibility into our design and development processes

14.3 Feedback and Assistance

If you experience difficulty accessing any part of our Website, please contact us:

Email: info@scalegrow.com
Address: 8409 Florence Ave, Suite 202, Downey, CA 90240

We will work with you to provide the information or service you seek through an alternative communication method that is accessible to you.

14.4 Third-Party Content

While we strive for accessibility, some third-party content or functionality embedded on our site may not be fully within our control. We encourage you to report any accessibility issues so we can address them or seek alternatives.

15. General Provisions

15.1 Entire Agreement

These Terms, together with any SOW or proposal, constitute the entire agreement between the parties and supersede all prior or contemporaneous communications.

15.2 Amendments

We may update these Terms from time to time. Material changes will be communicated via email or Website notice. Continued use of Services after changes constitutes acceptance.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.

15.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

15.6 Force Majeure

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including natural disasters, acts of government, or pandemic.

15.7 Notices

Notices under these Terms shall be sent to the email addresses on file. Notice is deemed given when sent by email with confirmed delivery or read receipt.

16. Contact Information

For questions about these Terms: