Please read these Terms and Conditions carefully before using Our Website or purchasing or using Our services.
These Terms and Conditions govern Your access to and use of the Service and, where You purchase services from Us, the commercial relationship between You and the Company.
NorthScaleX is a brand operated by NORTH AURORAS LTDA.
INTERPRETATION AND DEFINITIONS
Interpretation
Words whose initial letters are capitalized have meanings defined under the following conditions. These definitions have the same meaning whether they appear in singular or plural.
Definitions
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or another managing authority.
Client means a business or other legal entity that purchases or receives services from Us.
Company (referred to as either “the Company”, “We”, “Us” or “Our”) means NORTH AURORAS LTDA, operating the NorthScaleX brand.
Initial Payment means the initial amount payable by a Client for the applicable service package, including the initial setup and first month of service, as described at the time of purchase.
Monthly Fee means the recurring monthly service fee applicable from Month 2 onward, as described at the time of purchase.
Qualified Opportunity means a genuine potential customer within the Client's applicable service area who is actively interested in a service the Client provides, has provided valid contact information, and has shown clear intent to enquire, request a quote, book or discuss the work.
Service or Services means the Website and, where applicable, the customer acquisition, communications, automation, follow-up, scheduling, lead management, review generation, reporting and related services provided by Us.
Service Provider means a third party that provides technology, infrastructure, communications, payment processing, software or other services used in connection with Our Services.
Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions.
Third-Party Service means any third-party software, platform, integration, communications provider, payment provider or other product or service used in connection with the Services.
Website refers to NorthScaleX, accessible from northscalex.com.
You or Your means the individual accessing or using the Website or Service, or the company or other legal entity on whose behalf such individual is accessing, purchasing or using the Service, as applicable.
ACKNOWLEDGMENT AND ACCEPTANCE
These Terms govern Your use of the Website and, where applicable, Your purchase and use of Our Services.
By accessing or using the Website, purchasing Our Services, completing Your Initial Payment, completing onboarding, or otherwise engaging Us to provide Services, You acknowledge that You have read and agree to these Terms.
If You are accepting these Terms on behalf of a company or other legal entity, You represent that You have authority to bind that entity to these Terms.
Our Services are intended for businesses and persons acting in a business or professional capacity and are not intended as consumer services.
You represent that You are at least 18 years old and legally capable of entering into these Terms.
Your use of Our Website and Services is also subject to Our Privacy Policy. Please review Our Privacy Policy for information about how Personal Data may be collected, used and disclosed.
OUR SERVICES
NorthScaleX provides customer acquisition and supporting technology and automation services for businesses.
Depending on the service purchased, Our Services may include
Google Search and Google Maps visibility
Google Business Profile support
Local search engine optimisation
Website optimisation
Lead and opportunity management
Customer relationship management systems
AI-assisted customer communications
Missed-call recovery
Automated follow-up
Lead qualification
Appointment booking and calendar functionality
Database reactivation
Review request and reputation-management systems
Pipeline management
Reporting
Software integrations
Related automation and customer acquisition services
The precise features, deliverables and scope applicable to Your business are those presented in Your offer, order, checkout, onboarding materials or other written communication from Us.
Unless expressly stated otherwise, paid advertising spend is not required as part of Our core Service and is not included in the Initial Payment or Monthly Fee.
We may reasonably modify the methods, technology, workflows or systems used to provide the Services where We consider such changes appropriate to maintain, improve or deliver the agreed Service.
ONBOARDING AND IMPLEMENTATION
Following the Initial Payment, You may be required to complete an onboarding process and provide information, materials, approvals and access reasonably necessary for Us to implement the Services.
This may include, where applicable:
• Business information
• Contact information
• Service information
• Service areas
• Website access
• Domain or DNS access
• Google Business Profile access
• Calendar information or access
• Customer relationship management information
• Existing customer or prospect data
• Phone-number or communications setup information
• Information or documentation required for messaging, telecommunications or platform verification
• Brand assets
• Other information reasonably required to configure or operate the Services
Implementation and launch times depend on Your timely cooperation and on relevant Third-Party Services.
Any implementation estimate begins only once We have received the information, access, approvals and materials reasonably necessary to perform the relevant work.
Delays caused by missing information, delayed approvals, incorrect information, inaccessible accounts, third-party verification, platform reviews or other matters outside Our reasonable control do not constitute a failure by Us to provide the Services.
CLIENT RESPONSIBILITIES
You agree to:
• Provide accurate, current and complete information reasonably required to provide the Services
• Provide necessary access, permissions, materials and approvals in a timely manner
• Maintain any accounts, licences or third-party services that You are responsible for maintaining
• Respond appropriately to potential customers and Qualified Opportunities generated through the Services
• Maintain accurate business information, pricing, availability and service information
• Operate Your business lawfully
• Use the Services in accordance with applicable laws and regulations
• Ensure that data supplied to Us may lawfully be used for the intended purpose
• Obtain any permissions, notices or consents required for Your own processing or communications
• Avoid interfering with, disabling or materially changing systems implemented by Us without informing Us where doing so could affect performance
You remain responsible for Your business operations, customer service, pricing, quotations, sales process, fulfilment and relationships with Your customers.
QUALIFIED OPPORTUNITY GUARANTEE
Where Your purchased offer expressly includes Our Qualified Opportunity Guarantee, We guarantee the genera
tion of at least 10 Qualified Opportunities within the first 30 days after the applicable acquisition system goes live, subject to these Terms.
For purposes of this guarantee, a Qualified Opportunity means a genuine potential customer within Your applicable service area who is actively interested in a service You provide, has provided valid contact information, and has shown clear intent to enquire, request a quote, book or discuss the work.
The 30-day guarantee period begins when the applicable acquisition system is live and operational, not on the date of Initial Payment or onboarding.
If We do not generate at least 10 Qualified Opportunities during that 30-day period, We will continue providing the applicable customer acquisition services at no additional service fee until the guarantee has been fulfilled, provided You have complied with Your obligations under these Terms.
The guarantee does not apply, or the applicable measurement period may be paused or extended, where Our ability to perform is materially affected by:
• Failure to provide required access, information, materials or approvals
• Material delays caused by You
• Inaccurate or incomplete business information supplied by You
• Your suspension, disabling or material alteration of systems required to provide the Service
• Failure to maintain required Third-Party Services or accounts
• Platform restrictions, suspensions or verification delays caused by circumstances outside Our reasonable control
• Unlawful, misleading or prohibited business practices
• Events outside Our reasonable control that materially prevent performance
The guarantee relates specifically to Qualified Opportunities.
We do not guarantee that any particular Qualified Opportunity will become a paying customer, nor do We guarantee a particular amount of revenue, profit, sales, return on investment or customer conversion.
Conversion depends on factors outside Our control, including Your pricing, availability, reputation, responsiveness, sales process, quotations, service quality, market conditions and the decisions of potential customers.
FEES AND PAYMENT
The price applicable to Your Service will be disclosed before purchase or otherwise agreed with You in writing.
Unless otherwise stated in Your specific offer:
The Initial Payment is payable before onboarding and implementation begin and covers the applicable initial setup and first month of Service.
The Monthly Fee begins from Month 2 and continues on a recurring monthly basis until the Service is cancelled in accordance with these Terms.
By purchasing a recurring Service, You authorise Us and Our payment provider to charge the applicable payment method for recurring Monthly Fees and any other charges You have authorised.
Payments may be processed by third-party payment providers such as Stripe.
You are responsible for maintaining valid and current payment information.
All fees are stated in the currency shown at checkout or in Your applicable offer.
Any taxes, duties or similar governmental charges applicable to Your purchase will be handled in accordance with applicable law.
THIRD-PARTY AND USAGE CHARGES
Certain features may depend on Third-Party Services or usage-based services, including telephone numbers, calls, SMS or messaging, email, artificial intelligence, telecommunications, domains, software integrations or other external services.
Where additional third-party or usage-based charges apply, those charges may be billed separately or passed through to You as disclosed or agreed.
You are responsible for charges that You expressly authorise or that form part of an agreed usage-based component of the Service.
Third-party pricing may change independently of Us.
We will not be responsible for price changes imposed by third parties, although We will make reasonable efforts to communicate material changes that directly affect charges payable to Us where appropriate.
RECURRING BILLING
Where You purchase a recurring Service, Your Monthly Fee will be charged automatically using the payment method associated with Your account or purchase.
Recurring billing begins from Month 2 unless otherwise stated in Your offer.
Your Service will continue on a month-to-month basis until cancelled.
There is no required long-term contract unless a separate written agreement expressly states otherwise.
You authorise Us or Our payment provider to attempt collection of amounts properly due under these Terms.
If a payment fails, We may make further reasonable attempts to process the payment and may contact You regarding the outstanding amount.
CANCELLATION
You may cancel Your recurring Service before Your next billing date to prevent the next Monthly Fee from being charged.
Cancellation stops future recurring service charges but does not ordinarily reverse fees already due or paid for a billing period that has begun, except where required by law or expressly agreed otherwise.
Upon cancellation, We may continue providing the Service through the end of the period already paid for unless We agree otherwise.
Once the applicable paid period ends, access to systems, software, licences or services provided as part of Your active subscription may be restricted or terminated.
There is no long-term commitment unless separately agreed in writing.
REFUNDS
Except where required by applicable law, expressly stated in a specific written offer, or agreed by Us in writing, payments for Services already provided, setup work already performed or billing periods that have begun are not automatically refundable.
The Qualified Opportunity Guarantee does not provide an automatic refund. Its remedy is described in the Qualified Opportunity Guarantee section of these Terms.
Nothing in these Terms limits any refund right that cannot lawfully be excluded.
LATE OR FAILED PAYMENTS
If an amount properly due remains unpaid, We may suspend some or all Services until payment is received.
Suspension for non-payment does not eliminate amounts already due.
Where permitted by applicable law, We reserve the right to recover reasonable costs incurred in collecting overdue commercial payments and to exercise any statutory rights available in relation to late commercial payments.
CLIENT DATA AND DATABASE REACTIVATION
Where You provide customer, prospect, lead or other Personal Data to Us for purposes such as database reactivation, follow-up, customer communications, review requests or related Services, You represent that You are entitled to provide that information to Us and instruct Us to process it for the relevant purpose.
You are responsible for ensuring that Your collection and use of such data complies with applicable privacy, data protection, direct marketing and electronic communications laws.
Where We process Personal Data on Your behalf, the respective responsibilities of the parties may also be governed by Our Privacy Policy and any applicable data-processing terms.
We reserve the right to refuse to process data or conduct communications where We reasonably believe doing so would violate applicable law, platform requirements or telecommunications rules.
COMMUNICATIONS, SMS AND AUTOMATION
Some Services may include automated email, SMS, telephone, AI-assisted or other communications.
You are responsible for ensuring that Your use of communications functionality, including instructions You provide to Us and data supplied for communications, is lawful.
You must not use Our Services to send unlawful, fraudulent, deceptive, abusive or prohibited communications.
Certain messaging or telephone functionality may require registration, verification, consent records, carrier approval or other information.
We cannot guarantee approval by telecommunications providers, carriers or Third-Party Services.
THIRD-PARTY SERVICES AND PLATFORMS
Our Services may rely on or integrate with Third-Party Services, which may include payment processors, customer relationship management software, telecommunications providers, email providers, artificial intelligence services, Google services, hosting providers, domain providers and other technology platforms.
Third-Party Services are subject to their own terms, policies, availability and technical limitations.
We do not control and cannot guarantee the uninterrupted availability, policies, approval processes, rankings, algorithms or functionality of Third-Party Services.
We are not responsible for outages, suspensions, restrictions, policy changes, algorithm changes, verification delays or other failures caused solely by a Third-Party Service and outside Our reasonable control.
Where reasonably practicable, We may modify or replace affected integrations or workflows to continue providing the applicable Service.
GOOGLE AND SEARCH VISIBILITY
Where Our Services include Google Search, Google Maps, Google Business Profile or search engine optimisation activities, We will provide the applicable optimisation and supporting services described in Your offer.
Search engines and platforms independently determine rankings, visibility, listings, eligibility and algorithmic results.
Except for any specific written guarantee expressly included in Your offer, We do not guarantee a particular search ranking, position, volume of traffic or permanent placement on any third-party platform.
Changes made by Google or another search engine or platform may affect results independently of Our work.
OWNERSHIP AND INTELLECTUAL PROPERTY
The Website and Our proprietary systems, methods, templates, workflows, processes, documentation, designs, materials and intellectual property remain owned by Us or Our applicable licensors unless expressly agreed otherwise.
You retain ownership of Your pre-existing business information, trademarks, branding, customer data and materials that You provide to Us.
Where We create or configure materials specifically for Your business as part of the Service, Your rights to those materials may depend on the nature of the material, the applicable Third-Party Service and the terms of Your offer.
Our general methods, know-how, templates, reusable workflows, automation structures and systems are not transferred to You merely because they are used in providing Your Service.
You may not copy, resell, reverse engineer, redistribute or commercially exploit Our proprietary systems, templates or materials except where We have expressly authorised You to do so in writing.
ACCESS FOLLOWING CANCELLATION OR TERMINATION
Following cancellation or termination, Your access to software, systems, licences, phone numbers, integrations or other resources provided as part of an active NorthScaleX subscription may end.
You remain entitled to Your own business data, subject to applicable law and any technical limitations imposed by Third-Party Services.
Where reasonably practicable and requested before access ends, We may provide or facilitate export of Client-owned data in a commonly available format where the relevant platform permits such export.
We are not required to transfer ownership of Our proprietary templates, workflows, licences, systems, methods or other intellectual property.
Third-party accounts or assets owned directly by You remain Yours subject to the applicable third party's terms.
ACCEPTABLE USE
You may not use the Website or Services:
• For any unlawful or fraudulent purpose
• To impersonate another person or business
• To distribute malware or malicious code
• To gain unauthorised access to systems or information
• To send communications prohibited by applicable law
• To violate intellectual property, privacy or other legal rights
• To interfere with the security or operation of the Service
• In a manner that violates the terms or policies of an applicable Third-Party Service
We may suspend or terminate Services where We reasonably believe Your use creates material legal, security, reputational or platform-compliance risk.
NO GUARANTEE OF BUSINESS RESULTS
Except for the specific Qualified Opportunity Guarantee where expressly included in Your offer, We do not guarantee any particular commercial outcome.
Examples, projections, illustrations, case studies, estimates or calculations concerning potential customers, revenue, savings, return on investment or business value are illustrative and are not guarantees of future results.
Your results may depend on numerous factors outside Our control.
You remain solely responsible for business decisions made based on information, opportunities or systems provided through the Services.
LINKS TO OTHER WEBSITES
Our Website may contain links to third-party websites or services that are not owned or controlled by the Company.
We have no control over and assume no responsibility for the content, privacy policies or practices of third-party websites or services.
You acknowledge that We are not responsible for damage or loss caused by reliance on content, goods or services available through third-party websites or services.
We recommend reviewing the applicable terms and privacy policies of third-party websites and services You use.
SUSPENSION AND TERMINATION
We may suspend or terminate access to all or part of the Service where:
• You materially breach these Terms
• Required payments remain unpaid
• You use the Service unlawfully
• Your conduct creates a material security, legal, regulatory or platform-compliance risk
• Continuing to provide the Service would require Us to violate applicable law or a binding third-party requirement
Where reasonably appropriate, We may provide an opportunity to remedy a breach before termination.
We may terminate the provision of a Service for other legitimate business reasons by providing reasonable notice where practicable.
Termination does not affect rights, obligations or amounts that accrued before termination.
DISCLAIMER
We will provide the Services with reasonable care and skill.
However, technology, marketing, telecommunications, artificial intelligence, search engines and third-party platforms involve factors outside Our control.
Except for express commitments made in these Terms or Your specific written offer, and to the maximum extent permitted by applicable law, We do not warrant that:
• The Website or Services will always be uninterrupted or error-free
• Third-Party Services will always remain available
• Every potential customer will respond or purchase
• Search rankings or platform visibility will remain constant
• Every automation, integration or communication will operate without interruption
• The Services will produce a particular amount of revenue, profit or return on investment
Nothing in this section excludes obligations or warranties that cannot lawfully be excluded.
LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.
Subject to the foregoing and to the maximum extent permitted by applicable law, neither party will be liable to the other for indirect or consequential loss, or for loss of profit, revenue, business opportunity, anticipated savings or goodwill arising out of or in connection with the Services, except to the extent such liability cannot lawfully be excluded.
Subject to any liability that cannot lawfully be limited or excluded, Our aggregate liability arising out of or in connection with the applicable Service will not exceed the total service fees actually paid by You to Us for that Service during the six months immediately preceding the event giving rise to the claim, or, if You have received the Service for less than six months, the total service fees paid by You for the Service up to that date.
The limitations in this section apply only to the extent permitted by applicable law.
INDEMNITY
To the extent permitted by applicable law, You agree to indemnify Us against reasonable losses, liabilities, damages, costs and expenses arising directly from:
• Data, materials or instructions supplied by You that You were not legally entitled to use or provide
• Your unlawful use of the Services
• Your material breach of these Terms
• Misleading or unlawful claims, offers or business practices supplied or directed by You
This section does not require You to indemnify Us for losses caused by Our own negligence, wilful misconduct or breach of these Terms.
FORCE MAJEURE
Neither party will be responsible for delay or failure to perform an obligation, other than an obligation to pay amounts already due, where the delay or failure results from circumstances beyond that party's reasonable control.
Such circumstances may include natural disasters, widespread internet or telecommunications failures, government action, war, civil disturbance, major platform outages, labour disruption or other events that could not reasonably have been prevented.
The affected party will use reasonable efforts to minimise the impact and resume performance.
GOVERNING LAW
These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
JURISDICTION AND DISPUTE RESOLUTION
If You have a concern or dispute regarding the Service, You agree to first make reasonable efforts to resolve the matter informally by contacting Us.
If a dispute cannot be resolved informally, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms, their subject matter or formation, subject to any mandatory law that applies otherwise.
SEVERABILITY
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable where legally permissible.
If that is not possible, the affected provision will be treated as severed from these Terms.
The remaining provisions will continue in full force and effect.
WAIVER
A failure or delay by either party to exercise a right or remedy under these Terms does not waive that right or remedy.
A waiver relating to one breach does not constitute a waiver of any later breach.
ENTIRE AGREEMENT
These Terms, together with the applicable offer, checkout information, Privacy Policy and any other written terms expressly agreed between You and Us, constitute the agreement between the parties concerning the applicable Service.
If there is a conflict between these Terms and a specific written commercial term expressly agreed with You, the specifically agreed commercial term will prevail to the extent of that conflict.
ASSIGNMENT
You may not assign or transfer Your rights or obligations under these Terms without Our prior written consent, such consent not to be unreasonably withheld where appropriate.
We may assign or transfer Our rights or obligations as part of a merger, restructuring, sale of business or assets, or to an Affiliate or successor, subject to applicable law.
TRANSLATION
These Terms may be translated or made available in another language.
Where legally permitted, if there is a conflict between a translated version and the original English version, the English version will prevail.
CHANGES TO THESE TERMS AND CONDITIONS
We may update these Terms from time to time to reflect changes to Our Services, business practices, technology or legal obligations.
Where a change materially affects an active paid Service, We will make reasonable efforts to provide appropriate notice before the material change takes effect.
Changes will not retroactively alter amounts already paid or obligations already accrued unless required by law or expressly agreed.
By continuing to use the Service after updated Terms take effect, You agree to the revised Terms to the extent permitted by applicable law.
If You do not agree to revised Terms applicable to future Services, You may cancel Your recurring Service in accordance with the cancellation provisions above.
CONTACT US
If You have any questions about these Terms and Conditions, You can contact Us:
NorthScaleX
Operated by NORTH AURORAS LTDA
Email: [email protected]
Website: northscalex.com