Terms of service
Terms of Service — PembertonScalez
Effective date: 06/26/26 Last updated: 06/26/26
This website is operated by PembertonScalez LLC ("PembertonScalez," "we," "us," or "our"). By accessing this website or purchasing a package or service from us, you ("you," "your," or "client") agree to be bound by these Terms of Service ("Terms"), together with our Privacy Policy and Refund Policy, which are incorporated by reference. Please read them carefully. If you do not agree, do not use the website or purchase our services.
1. Who We Are and What We Provide
PembertonScalez provides done-for-you CRM and automation services, including CRM workflow build-outs, AI chat assistants, lead-nurturing sequences, integrations, lead scoring and routing, and reporting dashboards. The specific deliverables for your engagement are defined by the package you purchase and any written scope we agree with you ("Services").
2. Eligibility
You must be at least 18 years of age and able to form a legally binding contract to purchase from us. By purchasing, you represent that the information you provide is accurate and that you are authorized to engage us on behalf of the business named in your order.
3. Packages, Scope, and One-Time Fees
Our packages are sold as one-time fees for the scope listed at the time of purchase. They are not subscriptions and do not auto-renew. Work beyond the purchased scope, ongoing optimization after delivery, or additional revisions may be quoted and billed separately by written agreement.
You acknowledge that:
- Package contents are as described at checkout and may be adjusted only by mutual written agreement.
- Third-party costs are not included in our fees. This includes, without limitation, CRM platform subscriptions, AI/API usage fees, messaging (email/SMS) costs, software, apps, and any other tools required to run the systems we build. These are billed to you directly by the relevant provider or added to your invoice with your approval.
4. Client Responsibilities
To deliver the Services, we rely on you to:
- Provide timely access to your CRM, lead channels, accounts, and information we reasonably request;
- Review and approve drafts and deliverables within a reasonable time;
- Ensure you own or are licensed to use all materials and data you provide to us;
- Ensure your use of automated messaging (including email and SMS) and AI assistants complies with applicable laws (such as anti-spam and consent requirements) and the terms of the platforms involved.
Delays in providing access, approvals, or materials may extend timelines. We are not responsible for delays or outcomes caused by incomplete or late client input.
5. Payment and Currency
Prices are listed in U.S. Dollars unless stated otherwise. Payment is due in full at the time of purchase unless a separate written arrangement is agreed. We may decline or cancel any order; if we cancel after payment, we will refund the amount charged for the cancelled portion. We reserve the right to correct pricing errors.
6. Cancellations
Because work and resource allocation begin shortly after purchase, cancellation rights are limited and are governed by our Refund Policy, which is incorporated into these Terms by reference.
7. Results and No Guarantee
We bring professional skill and effort to your project, but business outcomes depend on many factors outside our control — including your offer, market, lead quality, budget, and how your team uses the systems we build. We do not guarantee specific results, lead volumes, response rates, bookings, sales, or revenue. Any examples, ranges, or figures shown on our website or in proposals are illustrative and are not promises of performance.
8. AI Assistants and Automated Messaging
You acknowledge that AI chat assistants generate responses automatically and may occasionally produce inaccurate or unexpected output. You are responsible for reviewing, configuring, and supervising the assistants and automated messaging deployed in your accounts, and for ensuring all communications sent through them comply with applicable laws and platform policies. We are not liable for messages sent, or actions taken, by automated systems operating in your accounts after handover.
9. Third-Party Platforms and Tools
The Services involve third-party platforms and tools we do not control. We are not responsible for changes to their features, pricing, policies, availability, or for account actions (including suspensions) taken by those providers. You remain the account holder and are bound by each provider's terms.
10. Intellectual Property and Ownership
Upon full payment, the configurations, workflows, sequences, and assistants we build specifically for you within your accounts are yours to use for your business. We retain ownership of our pre-existing tools, templates, frameworks, and know-how, and we may reference non-confidential work in our portfolio unless you ask us in writing not to. The "PembertonScalez" name, logo, and website content are our property and may not be copied without permission.
11. Confidentiality
Each party agrees to keep the other's non-public business information confidential and to use it only to perform or receive the Services.
12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED, THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.
13. Limitation of Liability
To the maximum extent permitted by applicable law, PembertonScalez and its members, officers, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from your use of the website or Services. Our total aggregate liability for any claim will not exceed the amount you paid to us for the Services giving rise to the claim.
14. Indemnification
You agree to indemnify and hold harmless PembertonScalez from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms, your content, data, or materials, your communications sent through systems we build, or your violation of any law or third-party right.
15. Governing Law
These Terms are governed by the laws of the State of North Carolina, United States, without regard to conflict-of-law rules. You agree to the exclusive jurisdiction of the state and federal courts located in North Carolina.
16. Changes to These Terms
We may update these Terms by posting a revised version on this website. Your continued use of the website or Services after changes are posted constitutes acceptance of the updated Terms.
17. Severability
If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
18. Contact
PembertonScalez LLC 314 Tremont St, Thomasville, NC 27360, USA Email: gs@pembertonscalez.com Phone: 336-635-8390 Website: https://pembertonscalez.com
This document is a template provided for convenience and is not legal advice. Please have it reviewed by a qualified attorney to ensure it suits your business and complies with applicable law.
