Terms of service

Agreement

These terms govern use of scalerpoint.com and, where a separate written agreement does not say otherwise, the services ScalerPoint LLC provides. Where a signed service agreement exists and conflicts with these terms, the signed agreement controls.

What the service is

Scaler Point provides client acquisition services for home care agencies: local presence work, an enquiry response and qualifying system, and paid campaigns. The specific scope, monthly fee and target volume are set out in your service agreement.

Service area exclusivity

While you are an active client, we will not take on a competing home care agency in the service area agreed in writing with you. Exclusivity applies to that defined area only and ends when the engagement ends.

Term, fees and cancellation

• Engagements are month to month unless your agreement says otherwise.
• Fees are charged monthly in advance and are non-refundable once a month has started.
• Advertising spend, where applicable, is billed separately or paid directly by you to the advertising platform.
• Either party may cancel with written notice before the next billing date.

What we need from you

Accurate information about your service areas, care types, rates and capacity; access to the accounts and calendars needed to deliver the service; and a person who responds to booked assessments. Results depend on your agency answering and attending the appointments we book.

Performance

Where your agreement states a monthly number of qualified families, and that number is not met, we continue working at no additional fee until it is. Nothing in these terms is a guarantee of revenue, closed clients or any specific business outcome.

Your responsibilities and the law

You are responsible for the accuracy of claims about your own agency, for your licensure, and for complying with the laws that apply to home care in your state. You agree not to use the service in any way that breaches applicable law, including telemarketing, messaging and advertising rules.

Text messaging

Text messages are sent by ScalerPoint LLC. If you opt in, we send messages related to your inquiry, service area availability, discovery call scheduling and reminders, and service updates. Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time. Reply HELP for help, or contact us at contact@scalerpoint.com or +1 949-850-6254. Mobile carriers are not liable for delayed or undelivered messages. Our handling of your information, including the mobile number you opt in with, is described in our Privacy policy.

Intellectual property

The site, its content and the systems used to deliver the service remain the property of ScalerPoint LLC. Content you supply, including your brand and copy, remains yours, and you grant us permission to use it to deliver the service.

Confidentiality

Each party keeps the other’s non-public business information confidential and uses it only to work together.

Disclaimers and limitation of liability

The service is provided as is, without warranties beyond those stated in your agreement. To the extent permitted by law, our total liability arising out of the service is limited to the fees you paid in the three months before the claim, and neither party is liable for indirect or consequential losses.

Governing law

These terms are governed by the laws of the State of California, and the courts of Los Angeles County have exclusive jurisdiction over any dispute.

Contact

ScalerPoint LLC, 818 Manhattan Beach Blvd, Manhattan Beach, CA 90266. contact@scalerpoint.com.