These Terms of Service constitute a legally binding agreement between Scalefinity, a business registered in the Netherlands under KVK 90874668, and any person or entity visiting our website, submitting data via our forms, or purchasing our services. In these terms, Scalefinity is referred to as the Agency, and you are referred to as the Client.
1. Acceptance of terms
This website and all associated services are owned and operated by Scalefinity. By accessing or browsing this website, submitting your data via our forms, or purchasing our services, you signify your acceptance of these terms. If you do not agree to them, you must immediately cease use of this website. For any commercial engagement or purchase, your explicit agreement at checkout constitutes a formal binding contract.
2. Marketing and results disclaimer
- 2.1 No guarantees. Any testimonials, case studies or examples of past results mentioned in our marketing materials, social media or sales calls are provided for illustrative purposes only.
- 2.2 Assumption of risk. Digital marketing, funnel conversion and advertising return on investment are subject to external factors beyond our control, such as market shifts, platform algorithm changes and traffic quality. Scalefinity does not guarantee that you will achieve specific financial outcomes, lead volumes or revenue increases. Past performance is not indicative of future results.
3. The onboarding pack and commencement
The delivery timeline for any project, whether a three-day or seven-day window, commences only once the Agency has received the complete onboarding pack. This includes, but is not limited to:
- Final approved copy and brand assets, including logos, images and hex codes.
- Correct tracking IDs, such as Pixel and Google Tag Manager.
- Integration access for third-party tools, such as email service providers and Stripe.
Direct GoHighLevel login credentials are not required for onboarding. However, the Client must ensure the Agency has the necessary permissions within the sub-account to execute the build.
4. Velocity and feedback loops
To maintain our high-speed delivery cycles, the Client agrees to the following feedback clock:
- Velocity tiers, three-day cycle. The Client must provide feedback on drafts within 12 hours.
- Professional tiers, seven-day cycle. The Client must provide feedback on drafts within 24 hours.
Failure to provide feedback within these windows pauses the delivery clock and may result in the project being rescheduled based on Agency availability.
5. Testing, approval and liability limitation
- 5.1 Final review. Upon completion of a build or optimisation, a system test phase is conducted by both the Agency and the Client. Once the Client provides final approval, or the funnel is launched to live traffic, the assets are considered accepted.
- 5.2 Liability post-testing. Scalefinity is not liable for technical failures, broken automations or loss of revenue occurring after final approval or launch, particularly if caused by Client modifications or third-party platform outages such as GoHighLevel, Stripe or Meta.
- 5.3 Maximum liability. To the maximum extent permitted by Dutch law, Scalefinity's total liability for any claim arising out of this agreement, regardless of the cause of action, is strictly limited to the actual amount paid by the Client for the specific service in dispute. We are not liable for any indirect, incidental or consequential damages, including loss of profit.
6. Payment and retainers
- One-time builds. Payment of 100% is required upfront. Work is non-refundable once the delivery clock starts.
- Performance retainers. Billed every 30 days in advance.
- Cancellations. Retainers require 14 days of written notice prior to the next billing cycle.
- Taxes. All prices are exclusive of VAT. Dutch clients are subject to 21% BTW. International business clients are responsible for tax via the reverse charge mechanism.
7. Data collection and privacy
By leaving your data, such as an email address, phone number or business information, on our funnel, you consent to Scalefinity contacting you regarding our services. We process all data in accordance with our privacy policy and the GDPR.
8. Intellectual property
Upon full payment, the Client owns the custom design and copy of their funnel. Scalefinity retains ownership of its proprietary clean-code frameworks and internal templates, and the right to showcase the work for portfolio and marketing purposes.
9. Governing law
These terms are governed by the laws of the Netherlands. Any disputes shall be settled exclusively in the courts of the North Holland district.