Terms of Service

Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the website and services provided by FizzScales (“FizzScales,” “we,” “us,” or “our”). By accessing our website, engaging our services, or signing an order form or service agreement with us, you (“you,” “Client”) agree to be bound by these Terms. If you do not agree, do not use our website or services.

These Terms apply in addition to any separate written agreement, proposal, or order form between you and FizzScales. In the event of a conflict, the separate signed agreement controls.

Description of Services

FizzScales provides done-for-you marketing and customer-acquisition systems for local service contractors and the trades. Depending on the engagement, our services may include:

• Designing, building, and managing marketing and customer-acquisition systems
• Website creation and management
• Marketing automations and workflows
• SMS/text-message campaigns and follow-up
• Review generation and reputation management
• Google Business Profile setup and management

The specific services, deliverables, and scope for your engagement will be described in your order form, proposal, or service agreement.

Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or the business you represent. By using our services, you represent and warrant that you meet these requirements.

Client Responsibilities

As a condition of using our services, you agree to:

• Provide accurate, current, and complete information and timely access to accounts, assets, and approvals we need to perform the services
• Use our services only for lawful purposes
• Obtain all necessary consents before we contact your customers or leads on your behalf, including valid opt-in consent for SMS and other communications
• Comply with all applicable laws and rules, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state communication laws, and mobile carrier rules and messaging policies
• Maintain appropriate records of consent and honor opt-out requests
• Not use our services to send unlawful, deceptive, harassing, or prohibited content

You are responsible for the content, offers, and consent practices associated with your business, and for ensuring your underlying customer relationships permit the communications we send on your behalf.

Fees & Payment

Fees for services are described in your order form, proposal, or service agreement. Unless otherwise stated:

• Fees are billed in advance on a recurring basis and are due upon receipt
• Payments are non-refundable except as expressly stated in your agreement
• We may suspend or stop services for non-payment
• You authorize us (or our payment processor) to charge your designated payment method

Our services are generally provided on a no-long-term-contract basis; you may cancel as described in the “Term & Termination” section. Third-party costs (such as ad spend, telephony, or software subscriptions) may be billed separately or passed through.

Performance Guarantee

Where your order form or service agreement includes our performance guarantee, the following terms apply: if the system we install and operate does not generate at least the number of booked jobs stated in your agreement (for example, ten (10) booked jobs) within the stated guarantee window (for example, sixty (60) days) measured from the date your system goes live, you will not owe the FizzScales service fee attributable to that window. The guarantee assumes that (a) you have provided the access, approvals, lead list, and reasonable cooperation needed for the system to operate, (b) your service area, offer, and pricing are commercially viable, (c) you respond to leads the system delivers, and (d) third-party costs (such as ad spend or messaging fees) are excluded from the guarantee and remain your responsibility. A “booked job” means a scheduled appointment or accepted quote generated through the system we provide. The specific guarantee figures, qualifying conditions, and window for your engagement are those stated in your agreement, which control over this general description.

SMS & Communications Compliance

Where the services include SMS/text messaging, both parties agree to support compliant messaging:

• A2P 10DLC registration: Messaging is sent through registered A2P 10DLC campaigns. You agree to provide accurate business information needed to register and maintain messaging campaigns.
• Consent: You are responsible for ensuring valid opt-in consent exists for every recipient we message on your behalf, and for providing records of that consent upon request.
• Required message elements: Messaging programs will include opt-out (reply STOP) and help (reply HELP) instructions, disclosures that message and data rates may apply, and that message frequency varies.
• Opt-out handling: Opt-out requests will be honored promptly.
• FizzScales responsibilities: We will configure and operate messaging in line with applicable carrier and aggregator requirements and use commercially reasonable efforts to support compliant delivery.
• Carrier disclaimer: Carriers are not liable for delayed or undelivered messages, and message delivery is not guaranteed.

Intellectual Property / License

As between the parties, FizzScales retains ownership of its pre-existing materials, tools, templates, systems, and know-how. Subject to your payment of fees, we grant you a limited, non-exclusive, non-transferable license to use the deliverables we provide for your internal business purposes.

You retain ownership of the content, trademarks, and materials you provide to us, and you grant us a license to use them as needed to perform the services. We may reference our work for you in portfolios or case studies unless you request otherwise in writing.

Third-Party Services

Our services may rely on or integrate with third-party platforms, including Google, website hosting providers, CRM systems, telephony/SMS providers, and analytics tools. These third parties are governed by their own terms and policies, and their availability and performance are outside our control. We are not responsible for the acts, omissions, outages, pricing changes, or policy changes of any third-party provider.

Disclaimer of Warranties

Our services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.

We do not guarantee any specific results, leads, conversions, search rankings, traffic, sales, or revenue. Marketing outcomes depend on many factors outside our control, including your offers, market conditions, responsiveness, and third-party platforms. Any examples or estimates are not promises of performance.

Limitation of Liability

To the fullest extent permitted by law, FizzScales and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the services or these Terms, even if advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability for any claim arising out of or relating to the services or these Terms will not exceed the amount you paid to us for the services in the three (3) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless FizzScales and its owners, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the services; (b) your content, offers, or business practices; (c) your failure to obtain required consents or to comply with TCPA, CAN-SPAM, carrier rules, or other applicable laws; or (d) your breach of these Terms.

Term & Termination

These Terms remain in effect while you use our website or services. Either party may terminate an engagement as described in the applicable order form or service agreement. Unless otherwise agreed:

• Either party may terminate for convenience with reasonable written notice
• Either party may terminate immediately for material breach that is not cured within a reasonable period
• Upon termination, you remain responsible for fees incurred through the effective termination date

Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “updated” date at the top of this page. Material changes will be communicated as required. Your continued use of our website or services after an update constitutes acceptance of the revised Terms.

Contact

If you have questions about these Terms, contact us at:

• Phone: (970) 584-6701
• Email: breckin@fizzscales.org
• Mailing address: Windsor, Colorado, United States (serving Northern Colorado)