Terms of Service
Scale & Success AI
Owned and Operated by Hilgart Enterprises, LLC
Effective Date: 12/15/2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SCALE & SUCCESS AI PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
1. Parties and Contact Information
“Scale & Success AI,” “we,” “our,” and “us” refer to:
Hilgart Enterprises, LLC
442 Court St.
Elko, NV 89801
United States
Email: [email protected]
“You” and “User” refer to the individual or entity accessing or using the Platform.
2. Description of the Platform
Scale & Success AI (“the Platform”) is a software-as-a-service (SaaS) solution providing, among other things:
Customer Relationship Management (CRM) tools
Marketing automation and workflows
AI-powered chatbots and voice agents
Phone, SMS, and email features
Funnels, forms, calendars, and pipelines
Integrations with third-party services (including but not limited to OpenAI, VAPI, Twilio/LC Phone, Stripe, Make.com, Apify, hosting providers)
Tools for agencies, service providers, and resellers
We may add, modify, or remove features at any time, with or without notice.
3. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Platform. If you use the Platform on behalf of a business or organization, you represent that you are authorized to bind that entity.
4. Account Registration and Security
You agree to:
Provide accurate and complete registration information
Keep your login credentials confidential
Be responsible for all activities that occur under your account
Notify us promptly of any unauthorized access or security breach
We reserve the right to suspend or terminate accounts suspected of unauthorized use or security risk.
5. Acceptable Use and AI Acceptable Use Policy
You agree to use the Platform in compliance with all applicable laws, including but not limited to telemarketing laws (TCPA), email marketing laws (CAN-SPAM), data protection laws (GDPR, CCPA), and consumer protection laws.
You may NOT use the Platform or its AI capabilities to:
Send unsolicited or illegal SMS, calls, or emails (“spam”)
Harass, defame, threaten, or abuse others
Impersonate any person or entity without consent
Mislead, deceive, or commit fraud
Generate or distribute obscene, pornographic, hateful, discriminatory, or violent content
Provide medical, legal, or financial advice as though you are a licensed professional (unless you are and you accept full responsibility)
Initiate illegal robocalls or non-compliant automated calling campaigns
Violate privacy laws, doxxing, or unauthorized data sharing
Clone voices or identities without lawful authorization
Operate crisis hotlines, emergency services, or life-or-death communication channels using AI
We may monitor for abuse and reserve the right to suspend or terminate accounts involved in prohibited activities.
6. Regulated Data (HIPAA / FERPA / FINRA Disclaimer)
The Platform is NOT designed or intended to store or process:
Protected Health Information (PHI) regulated by HIPAA
Educational records protected by FERPA
Regulated financial communications subject to FINRA, SEC, or similar
By using the Platform, you agree:
Not to upload, store, or process PHI, FERPA-protected records, or FINRA-regulated data
That we do not sign Business Associate Agreements (BAAs) or similar compliance agreements for healthcare, education, or regulated finance
Uploading regulated data is a violation of these Terms and may result in account termination.
7. Data Ownership and Responsibilities
You retain ownership of:
Your CRM data
Your contacts, leads, and customer records
Uploaded content and files
AI-generated outputs (subject to third-party model licenses)
You represent and warrant that:
You have obtained all necessary consents to process personal data
You comply with all applicable data protection laws
You will remove or correct unlawfully obtained or inaccurate data
We act as a data processor on your behalf where applicable.
8. Third-Party Services and Sub-Processors
The Platform uses third-party services (“Sub-Processors”) to operate. These include, but are not limited to:
Cloud hosting providers (e.g., AWS, Google Cloud)
Payment processors (e.g., Stripe)
Telephony providers (e.g., Twilio, LC Phone)
AI and LLM providers (e.g., OpenAI, VAPI)
Automation and integration tools (e.g., Make.com, Apify)
This list is not exhaustive and may change at any time. By using the Platform, you authorize us to use existing and future Sub-Processors as reasonably necessary to provide the Services.
9. AI Outputs and No Guarantee of Accuracy
The Platform’s AI features (including chat, voice, automations, and content-generation) may produce:
Inaccurate or incomplete information
Unintended or unexpected responses
Content that requires review and editing
You acknowledge:
AI outputs are not guaranteed accurate, complete, or fit for any particular purpose
You are solely responsible for reviewing, verifying, and approving AI-generated content and actions before using them in your business
You will not rely on AI as a sole source of truth for legal, medical, financial, or safety-critical decisions
Copyright of AI Outputs:
Subject to third-party AI licensing terms, you retain rights to AI-generated content you create via the Platform. You grant us a non-exclusive license to store and process that content solely to provide and improve the Services. You agree not to assert claims against us for accidental similarity between AI outputs and third-party works.
10. Custom Work and Consulting
We may, from time to time, provide:
Custom automations or workflows
Custom AI agent logic
Funnel or system setup
Done-for-you services or consulting
All such custom work is provided “AS-IS,” with no guarantee of performance, accuracy, or fitness for any purpose. You are responsible for testing and verifying custom implementations before relying on them.
11. Payment, Billing, and Refunds
11.1 Subscription Billing
When you subscribe, you authorize us (and our payment processor) to charge the payment method you provide on a recurring basis (monthly, annually, or as otherwise specified).
11.2 Usage-Based Fees
In addition to subscription fees, you may incur usage-based charges, including but not limited to:
Phone call minutes
SMS messages
Email sends
AI processing costs
API call overages
These are billed automatically as incurred or on a recurring basis.
11.3 No Refunds
All subscription payments, usage charges, and renewals are NON-REFUNDABLE, except where required by law. We may, at our sole discretion, issue courtesy refunds for accidental renewals or clear billing errors, but we are not obligated to do so.
12. Sub-Accounts and Reseller Use
12.1 Sub-Accounts
You may create sub-accounts (“Client Accounts”) for your own clients or internal departments. All Client Accounts operate under your main account and remain technically owned by Hilgart Enterprises, LLC.
You are responsible for:
Managing access and permissions
Ensuring your clients comply with these Terms
Paying all charges associated with sub-account usage
12.2 Reseller / Partner Use
If you are approved as a reseller or partner:
You act as an independent contractor, not as our employee, agent, or franchisee
You may package the Platform with your own services and pricing
You may not claim to own the software or brand
You must use your own agreements with your clients
You must comply with all local, national, and international laws relating to marketing, telephony, privacy, and consumer protection
We reserve the right to revoke reseller status at any time for non-compliance.
12.3 Liability for Reseller Conduct
We are not responsible for:
Representations made by resellers
Services resellers provide or fail to provide
Disputes between resellers and their clients
Resellers agree to indemnify and hold harmless Hilgart Enterprises, LLC from claims arising from their own activities.
13. Disclaimers of Warranties
THE PLATFORM AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy or reliability of outputs
System uptime or performance
Error-free operation
Compatibility with your devices or systems
You use the Platform at your own risk.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW:
WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION.
IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR FIFTY U.S. DOLLARS ($50), WHICHEVER IS LOWER.
If you paid nothing, our total liability is limited to fifty U.S. dollars ($50).
15. Indemnification
You agree to indemnify, defend, and hold harmless Hilgart Enterprises, LLC and its officers, employees, contractors, and affiliates from any claims, damages, losses, or expenses (including attorney’s fees) arising from:
Your use or misuse of the Platform
Your violation of these Terms
Your violations of law or third-party rights
Any content or data you upload or process
Your relationships with your clients or sub-account users
16. Service Level Agreement (SLA)
We aim to provide a reliable Platform but offer no specific uptime guarantee. You acknowledge that:
Outages, downtime, maintenance, and performance issues may occur
Support responses may take 24–72 hours or more
Third-party provider outages may impact Platform performance
We are not liable for any damage arising from downtime or service interruptions.
17. Dispute Resolution and Arbitration
Any dispute or claim arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively by binding arbitration in Elko County, Nevada, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
You waive the right to:
Sue in court (except to enforce an arbitration award)
A jury trial
Judgment on an arbitration award may be entered in any court of competent jurisdiction.
18. No Class Actions
You agree that:
Any dispute must be brought in your individual capacity only
You waive the right to participate in a class action, class arbitration, or representative proceeding against Hilgart Enterprises, LLC
19. Governing Law and Venue
These Terms are governed by the laws of the State of Nevada, without regard to conflict of laws principles. Venue shall be exclusively in Elko County, Nevada, or the nearest applicable federal court.
20. Changes to Terms
We may update these Terms at any time. When we do, we will update the “Effective Date” above. Your continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.
21. Contact
Hilgart Enterprises, LLC
442 Court St.
Elko, NV 89801