Last updated July 7, 2026. These Terms of Service govern your access to and use of the websites, software, applications, marketing and consulting services, and other products and services offered by ScaleLocal. Please read them carefully.
These Terms of Service (the "Terms") are a binding legal agreement between you and Scale Systems LLC and its affiliates ("ScaleLocal," "we," "us," or "our"), governing your access to and use of our website at scalelocal.ai, our proprietary software and platforms (including, without limitation, CurbMailers, FieldRank, EstimateIQ, and VisibilityIQ), our artificial-intelligence products (including AI receptionists, chatbots, lead-follow-up tools, AI voice agents, and custom agents), our marketing and advertising services, our consulting services, and all related content, tools, integrations, and communications (collectively, the "Services").
By accessing or using the Services, requesting or receiving Services, signing a proposal or statement of work, accepting or paying an invoice, or otherwise indicating your assent, you agree to be bound by these Terms and by all documents they incorporate by reference, including our Privacy Policy and our Default Contract Terms. If you do not agree, do not access or use the Services. These Terms contain a binding arbitration provision, a class-action waiver, and a jury-trial waiver in Section 18 that affect your legal rights. To the maximum extent permitted by law, we intend these Terms to apply broadly and to be construed in our favor where the law permits.
By accessing or using the Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms. If you use the Services on behalf of a company, organization, or other entity (a "Client"), you represent and warrant that you are authorized to bind that entity, and "you" and "Client" refer to that entity. The individual accepting these Terms and the entity are jointly and severally responsible for compliance.
The Services are intended for business and commercial use only and are not directed to consumers or to children. You represent and warrant that you are at least eighteen (18) years of age, have the legal capacity to enter into a binding contract, and are not barred from receiving the Services under the laws of the United States or any other applicable jurisdiction. We may, in our sole discretion, refuse to provide, suspend, or discontinue the Services to any person or entity at any time, and we may require additional verification of identity, authority, or eligibility as a condition of access.
ScaleLocal is an end-to-end growth partner and software company for local service businesses. The Services may include, without limitation: search, GEO, and AI-optimization services; paid advertising and media buying; social media, email, SMS, and direct-mail marketing; review generation and reputation management; websites, landing pages, and funnels; proprietary software and platforms; artificial-intelligence products and agents; lead generation; and strategy and consulting. The specific Services provided to any Client are defined by the applicable invoice, proposal, statement of work, or order (each, an "Order"), and, where no separate signed agreement exists, by our Default Contract Terms.
We are continually improving and evolving the Services. To the maximum extent permitted by law, we reserve the right, at any time and in our sole discretion, to modify, enhance, add to, suspend, discontinue, or remove any part of the Services, including features, functionality, tools, integrations, pricing, and supported channels or technologies, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Services or any part of them. This reservation extends to any technologies, platforms, or channels not yet developed.
To access certain Services, you may need to create an account or be granted access to our platforms. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you.
You agree to notify us immediately at info@scalelocal.ai of any unauthorized use of your account or any other suspected breach of security. We are not liable for any loss or damage arising from your failure to safeguard your credentials or from any unauthorized access to your account. We may suspend, disable, or terminate your account or access at any time in our sole discretion, including for suspected violation of these Terms, non-payment, or to protect the Services or other users.
You agree to pay all fees, charges, and amounts associated with the Services as set forth in the applicable Order, our published pricing, or our invoices. Except as expressly stated otherwise in a signed agreement, fees are due upon receipt (payable immediately upon the date the invoice is issued or sent), all fees are non-refundable for work performed, and you authorize us to charge the payment method on file (card, ACH, or otherwise) for all amounts due.
Advertising spend and third-party costs (including platform, media, carrier, data, licensing, and vendor costs) are pass-through charges billed separately and are not included in our fees. Late, disputed, or failed payments accrue interest and late charges, permit us to suspend or stop work, and constitute a material breach. Chargebacks and payment reversals are prohibited and constitute a breach for which you are liable for the underlying amount plus our costs and fees. Detailed payment, late-fee, scope, non-refund, no-chargeback, tax, and ad-spend terms are set forth in our Default Contract Terms, which are incorporated into these Terms by reference and govern billing whenever no separate signed agreement applies. In the event of a conflict between an Order, these Terms, and the Default Contract Terms, a later signed agreement controls, followed by the Order, then these Terms, then the Default Contract Terms.
You agree to use the Services only for lawful business purposes and in compliance with these Terms and all applicable laws, regulations, and third-party platform and carrier rules. You will not, and will not permit or enable any third party to:
We may investigate suspected violations and cooperate with law enforcement. We reserve the right, in our sole discretion and to the maximum extent permitted by law, to remove content, throttle or suspend access, refuse or halt any campaign or communication, and terminate the Services for any actual or suspected violation, without liability to you.
You are solely responsible for the accuracy, legality, and integrity of all data, contact lists, content, materials, marks, and instructions you provide to us or make available through the Services (collectively, "Client Materials"), and for timely providing the materials, approvals, access, credentials, and cooperation we need to perform the Services.
You represent, warrant, and covenant, on a continuing basis, that:
You assume full responsibility for the Client Materials and for the lawfulness of the communications you authorize, and you agree to indemnify, defend, and hold us harmless for all claims, losses, penalties, and liabilities arising from or relating to the Client Materials, the consents (or lack thereof) associated with them, or your breach of the warranties in this Section, as further described in Section 15. Our provision of the Services, including any tools that facilitate consent capture or compliance, does not shift these responsibilities to us and does not constitute legal advice.
Independent privacy and data-protection compliance. You are independently responsible for complying with every data-protection, privacy, and data-sharing law that applies to your business and to any data you collect, control, provide to us, or direct us to process — including the California Consumer Privacy Act (CCPA/CPRA) and the California Delete Act, other U.S. state privacy laws, the EU and UK General Data Protection Regulation (GDPR), and any other domestic or international data-sharing or data-transfer law. As the business, controller, or owner of that data, you are responsible for providing all required privacy notices, obtaining and documenting all required consents, honoring consumer rights and opt-out requests, and completing any data-broker or other registrations that apply to you. You acknowledge that ScaleLocal acts on your instructions with respect to your data, that we do not independently verify your compliance, and that you retain sole liability for, and will defend, indemnify, and hold us harmless from, any claim, penalty, fine, or loss arising from a violation of any such law in connection with your data or the activities you direct, as further described in Section 14.
By engaging us, you authorize and instruct ScaleLocal, and our affiliates, subcontractors, and platform providers, to originate, send, transmit, receive, record, and manage communications on your behalf and in your name across any and all channels, including SMS and text messaging, WhatsApp and other Meta messaging, email, telephone and voice calls (including AI voice agents and call recording where permitted), ringless voicemail, web chat and AI chatbots, push notifications, direct mail, social media direct messages, and any other current, future, or emerging communication channel we may adopt.
You represent and warrant that every recipient we contact on your behalf has provided all legally required consent, and that you have authority to authorize these communications. You are responsible for the content, timing, frequency, targeting, and legal compliance of all communications you direct or approve. You acknowledge that you, not ScaleLocal, are the "sender," "caller," or "advertiser" for legal purposes with respect to your campaigns, and you retain responsibility for compliance regardless of any assistance, templates, automation, or platform functionality we provide. We may, but are not obligated to, refuse, suspend, or modify any communication that we believe may be unlawful, non-compliant, or harmful to our reputation, our platform relationships, or our other clients.
Our IP. The Services, including all software, source and object code, platforms, tools, algorithms, models, AI systems, methodologies, processes, know-how, templates, workflows, designs, text, graphics, trademarks, service marks, logos (including "ScaleLocal," "CurbMailers," "FieldRank," "EstimateIQ," and "VisibilityIQ"), and all improvements, derivatives, and related intellectual property, are and remain the exclusive property of ScaleLocal and its licensors. Except for the limited rights expressly granted in these Terms, no rights are granted to you, whether by implication, estoppel, or otherwise, and we reserve all rights not expressly granted.
License to you. Subject to your compliance with these Terms and payment of all fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services, and to use final deliverables, solely for your internal business purposes during the term. Ownership of any custom final deliverables transfers to you, if at all, only upon our receipt of full payment, and we retain ownership of all pre-existing, underlying, and reusable materials, tools, code, and IP incorporated into any deliverable, and grant you only a license to use such underlying materials as embedded in the deliverable.
License to us. You grant ScaleLocal a worldwide, royalty-free, sublicensable, transferable license to host, copy, process, transmit, display, modify, and use the Client Materials, your data, your trademarks, and the results and performance data generated through the Services, as necessary to provide, operate, secure, and improve the Services; to develop, train, and improve our software, AI, models, and products; for analytics and benchmarking; and, on a non-confidential basis, to display your name, logo, and campaign results in our portfolio, case studies, and marketing. This license survives termination with respect to aggregated, de-identified, and derived data and materials, and with respect to portfolio and promotional uses already made.
If you provide us with any suggestions, ideas, feedback, or recommendations regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, exploit, and incorporate the Feedback for any purpose, without restriction, attribution, or compensation to you. All improvements to the Services derived from Feedback are owned exclusively by ScaleLocal.
The Services rely on, integrate with, and are delivered through third-party services, platforms, networks, and vendors, including, without limitation, Google and Google Ads, Meta (Facebook, Instagram, WhatsApp), Microsoft, TikTok, mobile carriers and messaging aggregators, GoHighLevel/HighLevel, payment processors, data and enrichment providers, and other advertising, hosting, telecommunications, and software providers (collectively, "Third-Party Platforms").
Your use of the Services is subject to the terms, policies, guidelines, and requirements of each applicable Third-Party Platform, and you agree to comply with, and are bound by, those third-party terms and policies. Where you authorize us to act on your behalf on a Third-Party Platform, you represent that you are authorized to bind, and do bind, yourself and any advertiser you represent to those platforms' terms. Third-Party Platforms are controlled by third parties, not ScaleLocal. We do not guarantee the availability, performance, pricing, policies, algorithms, approval decisions, account standing, or continued operation of any Third-Party Platform, and we are not responsible or liable for any act, omission, suspension, ban, rejection, price change, data practice, outage, or policy change of any Third-Party Platform, or for any resulting loss of access, data, spend, rankings, or performance. Any fees, ad spend, or costs charged by Third-Party Platforms are your responsibility. Your dealings with Third-Party Platforms are solely between you and them.
Certain Services use artificial intelligence and machine-learning technologies, including AI receptionists, chatbots, lead-follow-up automations, AI voice agents, and custom agents ("AI Services"). AI Services are probabilistic and may produce outputs that are inaccurate, incomplete, outdated, or otherwise unsuitable, and they may generate the same or similar outputs for other users. You are responsible for reviewing, supervising, and validating all AI outputs before relying on or acting upon them, and for ensuring any AI-assisted communication complies with applicable law, including disclosure, consent, and recording requirements.
AI outputs do not constitute professional, legal, financial, or other regulated advice. To the maximum extent permitted by law, we disclaim all liability arising from your use of, or reliance on, AI Services and their outputs. You grant us the rights described in Section 8 to use inputs, outputs, and interaction data to operate, secure, and improve our AI Services and products, subject to our Privacy Policy.
THE SERVICES, INCLUDING ALL SOFTWARE, PLATFORMS, AI, DELIVERABLES, AND CONTENT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, ScaleLocal and its affiliates, licensors, and suppliers disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement, and any warranties arising from course of dealing, usage, or trade practice. We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that any defects will be corrected.
NO GUARANTEE OF RESULTS. Marketing, advertising, SEO/GEO/AI-optimization, lead generation, and related Services depend on many factors outside our control, including Third-Party Platform algorithms and policies, market conditions, competition, your products, pricing, and responsiveness, and the accuracy of Client Materials. ScaleLocal makes no representation, warranty, or guarantee of any kind regarding results, outcomes, search rankings, visibility, impressions, clicks, calls, leads, appointments, sales, conversions, revenue, return on investment, or any other performance metric. Any past performance, projections, estimates, forecasts, or examples are illustrative only and are not promises of future results. You acknowledge that you have not relied on any such statement in deciding to engage us, and that all use of the Services is at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCALELOCAL OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST LEADS OR BUSINESS, LOST GOODWILL, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO SCALELOCAL FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Amounts paid to Third-Party Platforms (including ad spend) and pass-through costs are excluded from and do not count toward this cap. The limitations in this Section apply even if a limited remedy fails of its essential purpose and reflect an agreed allocation of risk that forms an essential basis of the bargain. Some jurisdictions do not allow certain limitations, so some limitations may not apply to you; in such cases, our liability is limited to the smallest amount permitted by law.
You agree to defend, indemnify, and hold harmless ScaleLocal and its affiliates, and their respective officers, directors, employees, agents, subcontractors, licensors, and suppliers (the "Indemnified Parties"), from and against any and all claims, demands, suits, actions, proceedings, investigations, losses, damages, liabilities, penalties, fines, judgments, settlements, and costs and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) the Client Materials and any data, lists, content, or instructions you provide; (b) your communications, campaigns, products, services, or business practices; (c) any actual or alleged lack of consent, opt-in, or authorization for any communication we send on your behalf, or any claim under the TCPA, CAN-SPAM, CTIA/A2P requirements, or any privacy, telemarketing, advertising, consumer-protection, or platform rule; (d) your breach of these Terms, any warranty, or any applicable law or Third-Party Platform policy; (e) your use of the Services and any deliverables; and (f) your violation of the rights of any third party.
We will provide you with reasonable notice of any claim for which we seek indemnification; provided that our failure to do so will not relieve you of your obligations except to the extent you are materially prejudiced. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense. You may not settle any matter in a manner that imposes any obligation or admission on, or affects the rights of, any Indemnified Party without our prior written consent.
These Terms apply from your first access to or use of the Services and continue until terminated. Unless an Order states otherwise, engagements are month-to-month, and cancellation requires written notice as set forth in the applicable Order or our Default Contract Terms. Fees already invoiced or incurred, and amounts for work performed, remain due upon termination.
We may, in our sole discretion and to the maximum extent permitted by law, suspend, restrict, or terminate your access to and use of all or part of the Services, immediately and without liability, if: (a) you breach or we reasonably suspect you have breached these Terms; (b) you fail to pay any amount when due; (c) your use poses a security, legal, reputational, or platform-compliance risk; (d) required by law or by a Third-Party Platform; or (e) for any other reason with notice. Upon termination, your licenses and right to use the Services cease, and you must stop using the Services and any materials for which payment has not been made. Sections relating to fees owed, IP and licenses granted to us, disclaimers, limitation of liability, indemnification, dispute resolution, and any provision that by its nature should survive, will survive termination.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY TRIAL, AND TO PARTICIPATE IN A CLASS ACTION.
Informal resolution. Before initiating any arbitration, the parties agree to first attempt in good faith to resolve any dispute by sending a written notice describing the dispute to info@scalelocal.ai and negotiating for at least thirty (30) days.
Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties (whether based in contract, tort, statute, or otherwise) shall be finally and exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (and, where applicable, its Consumer Arbitration Rules) then in effect. The arbitration will be conducted before a single arbitrator, and the seat of arbitration will be Wake County, North Carolina. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute about the scope, enforceability, or formation of this arbitration agreement.
Class-action and jury waiver. All claims must be brought in the parties' individual capacities, and not as a plaintiff or class member in any purported class, collective, consolidated, private-attorney-general, or representative proceeding. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND SCALELOCAL EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION. If this class-action waiver is found unenforceable as to any claim, that claim shall be severed and adjudicated in court, and the remaining claims shall proceed in arbitration.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information. Nothing in this Section requires arbitration of claims that, as a matter of law, cannot be subjected to a pre-dispute arbitration agreement, including claims of sexual assault or sexual harassment.
Governing law and venue. These Terms and any dispute are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Wake County, North Carolina, and waive any objection to such venue.
ScaleLocal respects the intellectual-property rights of others and expects you to do the same. If you believe that content available through the Services infringes your copyright, you may submit a written notification to our designated agent under the Digital Millennium Copyright Act ("DMCA") that includes: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and its location; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on the owner's behalf.
Send DMCA notices to our Designated Agent at info@scalelocal.ai, Attn: DMCA Agent, ScaleLocal, 3560 NC 98 Hwy W, Youngsville, NC 27596. We may remove or disable access to allegedly infringing material and, in appropriate circumstances and in our discretion, terminate the accounts of repeat infringers. Counter-notifications may be submitted to the same agent as permitted by the DMCA. Misrepresentations in a notice or counter-notice may subject you to liability.
Each party may receive non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information only to perform under these Terms and will protect it using reasonable care. Confidential Information does not include information that is or becomes public through no fault of the receiving party, was known without restriction before disclosure, is independently developed, or is rightfully obtained from a third party. Either party may disclose Confidential Information if required by law, provided it gives reasonable notice where permitted. Our pricing, methodologies, software, and non-public tools are our Confidential Information. This Section does not limit the licenses and data uses granted to us elsewhere in these Terms or in our Privacy Policy.
ScaleLocal will not be liable or in default for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, terrorism, civil unrest, labor disputes, governmental action, changes in law, power or telecommunications failures, internet or hosting outages, cyberattacks, and any act, omission, outage, suspension, ban, or policy or algorithm change of any Third-Party Platform, carrier, or supplier. Our time for performance will be extended for the duration of the event.
You may not assign, delegate, or transfer these Terms or any of your rights or obligations, in whole or in part, by operation of law or otherwise, without our prior written consent, and any attempted assignment in violation of this Section is void. We may freely assign or transfer these Terms and any rights or obligations, in whole or in part, without restriction or notice, including in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect, and the invalid provision will be replaced with a valid one that most closely reflects the original intent. Our failure to enforce any provision is not a waiver of our right to do so later, and no waiver is effective unless in writing and signed by an authorized representative of ScaleLocal.
These Terms, together with the applicable Order, our Privacy Policy, our Default Contract Terms, and any documents expressly incorporated by reference, constitute the entire agreement between you and ScaleLocal regarding the Services and supersede all prior or contemporaneous understandings, proposals, and agreements, whether written or oral. Except where these Terms specify a different order of precedence for payment or scope matters, in the event of a conflict, a later separately signed written agreement between the parties controls, then the applicable Order, then these Terms, then the Default Contract Terms. Any pre-printed or standard terms in your purchase orders or other documents are rejected and have no effect. No third party is a beneficiary of these Terms.
We may provide notices to you by email to the address associated with your account, by posting within the Services, or by posting on our website, and such notices are deemed given when sent or posted. You are responsible for keeping your contact information current. You must send legal notices to us in writing at info@scalelocal.ai and, if applicable, at Scale Systems LLC, 3560 NC 98 Hwy W, Youngsville, NC 27596. Notices to us are effective upon our confirmed receipt.
We may modify these Terms at any time in our sole discretion. When we make changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Changes are effective when posted, and your continued access to or use of the Services after the effective date constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. It is your responsibility to review these Terms periodically. This reservation of the right to modify extends to any technologies, channels, or features not yet developed.
Questions about these Terms may be directed to ScaleLocal at info@scalelocal.ai, or by mail to Scale Systems LLC, 3560 NC 98 Hwy W, Youngsville, NC 27596.