These Terms form a legally binding agreement between you ("Client") and Scott DePeralta Consulting LLC DBA DataScalePro ("DataScalePro," "we," "us"), a California LLC in Santa Clara County. By accessing our website, creating an account, starting a trial, or making any payment, you agree to be fully bound by these Terms. These Terms incorporate our Privacy Policy by reference. If agreeing on behalf of a business, you confirm you have authority to bind that entity.
DataScalePro provides a white-label AI-powered CRM and marketing automation platform including 12 AI automation agents, CRM and pipeline management, SMS/email automation, appointment scheduling, review management, social media publishing, referral generation, invoice follow-up, competitor intelligence, and analytics. We may modify, update, or discontinue features at any time with reasonable notice. Minor updates may be deployed without notice.
Third-Party Dependency: Our platform runs on infrastructure from GoHighLevel, Stripe, Twilio, Mailgun, and others. See Section 11 for what this means for your service.
You must be: 18+ years old, operating a legal business, capable of entering binding contracts, and not previously terminated from DataScalePro for cause. You are responsible for all activity under your account and for maintaining secure credentials. Notify us immediately at mail@datascalepro.com of any unauthorized access.
REQUIRED CALIFORNIA AUTO-RENEWAL DISCLOSURE — CA Business & Professions Code §17601 et seq.
| Plan | Monthly | Annual (2 months FREE) |
|---|---|---|
| Starter | $297/mo | $2,970/yr |
| Premium | $497/mo | $4,970/yr |
| Elite | $997/mo | $9,970/yr |
Required reminders: 3 days before trial converts, 7 days before annual renewal, 30 days before any price increase.
All payments processed by Stripe. Charges appear as DATASCALEPRO.COM. Failed payments are retried 3× over 7 days; suspension after final failure; possible termination after 14 days non-payment.
Chargebacks: Initiating a chargeback without first contacting us and allowing 5 business days for resolution is a breach of these Terms and grounds for immediate account termination. Contact mail@datascalepro.com first — most billing issues resolve in 24 hours.
30-Day Guarantee: If DataScalePro doesn't deliver value for any reason, email mail@datascalepro.com within 30 days of your original signup date for a full refund of your most recent charge. No questions asked.
AFTER DAY 30: ALL CHARGES ARE FINAL. NON-REFUNDABLE. NO EXCEPTIONS. Regardless of usage, results, or circumstances. By subscribing you explicitly agree.
Non-refundable: $1 activation fee; charges after day 30; consumed SMS/email credits; setup fees once commenced; delivered à la carte services.
We will never require you to call to cancel. Requests processed within 1 business day with written confirmation. Access continues through end of current paid period.
The 48-hour clock starts only after: (1) payment confirmed, AND (2) discovery call completed, AND (3) all required credentials delivered within 24 hours of the call. Hours counted in business hours only (M–F, 9am–5pm PT). Weekends and U.S. holidays excluded.
Not included in 48-hour setup: custom workflows, data cleaning, non-CSV migration, custom design, unsupported integrations, training beyond onboarding call, post-setup revision requests.
Setup covers technical configuration only. It does not guarantee any revenue, lead, or business outcome.
DataScalePro uses AI to generate automated messages, content, responses, and reports ("AI Outputs"). By using the Platform you acknowledge:
YOU MUST REVIEW AI OUTPUTS BEFORE THEY REACH YOUR CUSTOMERS. DataScalePro provides the technology. What gets sent in your name is your responsibility.
DataScalePro makes no representation, warranty, or guarantee — express or implied — regarding any specific business outcome, revenue, lead volume, conversion rate, review count, customer acquisition, or return on investment from use of the Platform.
We specifically do NOT guarantee: increase in leads, bookings, or revenue; improvement in reviews or ratings; reduction in no-shows; any specific AI performance level; any SMS/email open or conversion rate; accuracy of competitive intelligence; or that marketing results described anywhere on our website are typical, average, or reproducible.
Individual results depend on your industry, implementation quality, market conditions, and your own effort.
BY SUBSCRIBING, YOU ACKNOWLEDGE THAT DATASCALEPRO IS A TECHNOLOGY TOOL, NOT A MARKETING OR REVENUE GUARANTEE PROGRAM. YOUR RESULTS ARE YOUR RESPONSIBILITY.
Our services depend on third-party platforms including GoHighLevel, Stripe, Twilio, Mailgun, Google, Meta, and others. DataScalePro is not liable for: downtime or outages by any third-party; third-party policy or pricing changes; third-party account suspensions; data or message loss from third-party failures; SMS delays from carrier filtering or A2P registration; Google, Facebook, or other platform policy changes.
If a critical third-party service permanently discontinues and materially impacts our core services, we will use reasonable commercial efforts to find alternatives or provide a prorated refund for the affected period. This is our sole obligation.
SMS/A2P 10DLC: SMS functionality requires carrier registration subject to government approval (2–6 weeks). Delays are outside DataScalePro's control. No liability for SMS activation delays.
You agree not to use DataScalePro to: send spam or non-compliant messages; process minors' data without parental consent; engage in deceptive or fraudulent practices; violate any applicable law; harass or threaten any person; reverse-engineer or copy our platform; upload malware; impersonate any entity; resell platform access without written authorization; generate defamatory or IP-infringing content; or compete directly with DataScalePro using our platform.
Violations may result in immediate termination without refund. DataScalePro cooperates with law enforcement when required by law.
You are solely and exclusively responsible for compliance with all applicable laws and regulations governing your use of DataScalePro, including:
DATASCALEPRO ASSUMES ZERO LIABILITY FOR YOUR COMPLIANCE FAILURES. TCPA violations: $500–$1,500 per violation. All regulatory fines, penalties, and legal costs are yours alone.
DataScalePro's IP: All software, platform design, agent frameworks, workflows, templates, documentation, and marketing content are owned by Scott DePeralta Consulting LLC. You receive a limited, non-exclusive, non-transferable license to use the Platform during your active subscription only.
Your IP: You retain ownership of content and data you upload. You grant DataScalePro a limited license to process and store it solely to provide services to you.
Feedback: Feedback or suggestions you provide may be used by DataScalePro without compensation or obligation.
Restrictions: You may not copy, modify, distribute, sell, or exploit any DataScalePro IP. Violations are grounds for immediate termination and potential legal action.
Our Privacy Policy governs data collection and use and is incorporated by reference. You are responsible for having all rights and consents necessary to upload contacts and data to the Platform. Data retained per our retention schedule post-cancellation. Deletion requests: mail@datascalepro.com.
You agree to indemnify, defend, and hold harmless DataScalePro, Scott DePeralta Consulting LLC, and their officers, directors, employees, and agents from all claims, damages, losses, liabilities, costs, and attorneys' fees arising from:
DataScalePro may assume exclusive control of any indemnified defense at your expense.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. DATASCALEPRO DISCLAIMS ALL WARRANTIES INCLUDING: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY CONTENT OR AI OUTPUT WILL BE ACCURATE OR COMPLETE; AND THAT THE PLATFORM WILL MEET YOUR SPECIFIC REQUIREMENTS.
DATASCALEPRO'S TOTAL LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF: (a) FEES PAID IN THE 3 MONTHS PRECEDING THE CLAIM, OR (b) $500.00 USD.
DATASCALEPRO IS NOT LIABLE FOR: INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS OR REVENUE; LOST BUSINESS OR CUSTOMERS; REPUTATIONAL HARM; DATA LOSS; COST OF SUBSTITUTE SERVICES — EVEN IF ADVISED OF THEIR POSSIBILITY.
Specifically excluded: revenue loss from AI errors; reputation damage from AI content; regulatory fines for non-compliant use; losses from third-party outages; data loss from lack of backups; losses from reliance on AI-generated analytics.
These limits apply regardless of legal theory — contract, tort, negligence, strict liability, or otherwise.
DataScalePro is not liable for any delay or failure caused by circumstances beyond our reasonable control, including: acts of God; natural disasters; pandemics; government actions or regulations; internet or infrastructure outages; cyberattacks; third-party platform failures (GoHighLevel, Stripe, Twilio, Google, Meta, etc.); SMS carrier filtering or A2P registration delays; labor disputes; or any other event making performance commercially impractical.
If a Force Majeure event lasting 30+ consecutive days materially prevents core service delivery, you may cancel and receive a prorated refund for the unused paid period. This is your sole remedy.
Email mail@datascalepro.com describing the dispute. We respond within 5 business days. Good-faith resolution attempted for 30 days before arbitration.
Unresolved disputes shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted remotely. The arbitrator's award is final and binding and may be entered as a court judgment.
YOU WAIVE ALL RIGHTS TO CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION. All claims must be brought individually. This waiver is a material condition of your agreement to use DataScalePro.
Email mail@datascalepro.com with subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Does not affect other provisions.
Either party may seek injunctive relief in court to protect IP without first going through arbitration. Small claims court actions within jurisdictional limits are also excepted.
California law governs these Terms. Non-arbitrated matters: exclusive jurisdiction in Santa Clara County, California state or federal courts.
ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR of the event giving rise to the claim, or they are permanently and forever barred.
In any arbitration or litigation, the prevailing party may recover reasonable attorneys' fees and costs from the non-prevailing party.
Entire Agreement: These Terms + Privacy Policy + any written agreements = entire agreement, superseding all prior representations.
Modification: We may update Terms with 14 days' notice for material changes. Continued use = acceptance.
Severability: Invalid provisions modified minimally to be enforceable. Remaining provisions unaffected.
Waiver: No waiver effective unless in writing signed by DataScalePro. Failure to enforce is not a waiver.
Assignment: You may not assign without written consent. DataScalePro may assign freely, including in M&A transactions.
Notices: To you: your registered email. To us: mail@datascalepro.com. Effective within 24 hours.
Relationship: Independent contractors. No partnership, joint venture, employment, franchise, or agency created.
No Third-Party Beneficiaries: These Terms benefit DataScalePro and you only. No third-party rights.
Survival: Sections 9, 10, 13, 14, 16, 17, 18, 20, and all survival-appropriate provisions survive termination.
| Method | Details |
|---|---|
| mail@datascalepro.com | |
| Platform | platform.datascalepro.com |
| Legal Entity | Scott DePeralta Consulting LLC DBA DataScalePro |
| Jurisdiction | Santa Clara County, California, USA |
Email us first. We respond within 1 business day and resolve most issues directly.
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