Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website at novrascale.com and any services provided by NovraScale LLC (“NovraScale,” “we,” “us,” or “our”). By accessing the site you agree to these Terms. The engagement terms in Sections 4 through 8, 11 and 12 apply to clients who have executed a proposal with NovraScale.

1. The Services

NovraScale is a lead-generation agency for owner-operated home-services businesses in the United States. A paid engagement has two parts, both defined in a signed proposal, and neither is sold on its own:

• The lead-funnel build (one time): a quote page, lead capture into systems the client owns, a speed-to-lead reply and a short follow-up sequence, review requests, and a measurement plan
• Funnel management (monthly, required with every build): advertising run on the client’s own ad account under the client’s own billing, landing-page optimization, lead capture and tracking, speed-to-lead and follow-up, and weekly and monthly reporting reconciled to the client’s own record of jobs sold

The specific scope of each engagement is defined in a separate written proposal or order form executed by both parties.

NovraScale also continues to operate websites and related services for clients under agreements signed before these Terms. Section 20 governs which version of these Terms applies to a given engagement.

2. Eligibility

To engage NovraScale you must be at least 18 years old and authorized to enter into a binding contract on behalf of your business. By engaging us you represent that you meet these requirements.

3. The Domain Custody Check

We offer a free domain custody check to any visitor who submits a domain name. The result is shown on screen immediately. Nothing is emailed, nothing is scheduled, and no report is delivered afterwards. Submitting a domain does not create a contractual relationship, and you are under no obligation to engage NovraScale for paid services.

The check reads only what the domain publishes publicly: its DNS records, its public registration data, and public search results. Enter a domain you own or are authorized to review.

The report page carries a second, optional step where you may leave an email address. If you do, a person at NovraScale follows up with the specific steps for what the check found. We do not commit to a delivery time for that follow-up, and it is not an automated report.

The check and any accompanying resource guides are provided “as is” for informational purposes and do not constitute professional, legal, medical, or marketing advice. NovraScale makes no warranty that the check observed everything that exists, nor that recommendations, if implemented by you or a third party, will produce specific results.

4. Engagement & Scope

Each paid engagement begins with a written proposal that defines:

• The deliverables included in the lead-funnel build
• The one-time build fee and the recurring monthly funnel-management fee, quoted as two separate amounts and never as a single combined price
• The committed ship date, and the technical standards against which the Build-Right commitment (Section 5) is measured
• The ship-date credit: a per-day amount and the hard cap it stops at, against which Section 5 is measured
• The ninety (90) day minimum term on the monthly fee, and the billing interval
• Client responsibilities, including content, approvals, access to existing systems, and the weekly record of jobs sold, and the review-window durations that gate excusable delay under Section 5

NovraScale declines engagements it does not believe can work. Before quoting, NovraScale checks whether the gross profit on a typical job, on figures the client supplies, can absorb a realistic cost per acquired job with the monthly fee counted in. Where it cannot, NovraScale declines the engagement rather than quoting a reduced version of it. That check rests on the client’s own figures. It is not a forecast, a projection, or a promise of any result.

The proposal, once accepted in writing, becomes part of these Terms. To the extent the proposal conflicts with these Terms, the proposal controls for the specific engagement.

NovraScale accepts a limited number of new engagements per month. Capacity is not a contractual promise and may change at NovraScale’s discretion.

5. The Anvil Promise

Every engagement ships with a written guarantee, the Anvil Promise. It appears in the proposal and forms part of these Terms once the proposal is signed. NovraScale does not guarantee revenue, lead volume, or any other outcome. It guarantees the things it controls, set out below.

Build-Right (workmanship)

If the build ships with a bug, a broken flow, or a failure to meet a technical standard named in the signed scope, including WCAG 2.2 AA conformance where the scope specifies it, NovraScale will remedy the item at no charge for as long as the engagement is running, and, where the client has ended funnel management, for ninety (90) days after the last day of the final monthly service period. Defects first reported after that window are outside this commitment. Each remediation request must reference a specific line item in the signed scope. This commitment warrants workmanship, not legal compliance. NovraScale is not a law firm, employs no licensed attorney, and holds no trade or real estate license. It does not warrant that any page, disclosure, image, advertisement or claim complies with the Fair Housing Act, the ADA, the FTC Act, state advertising or licensing rules, or any other law, and renders no opinion on that question. Responsibility for legal compliance sits with the client and the client’s own advisers. Subjective preference changes (typography, color, tone) are not defects and are quoted as new work. This commitment excludes third-party service outages, defects introduced by client edits after handoff, and changes in browser or operating-system standards occurring after launch.

Ship-Date

The build goes live by the ship date stated in the signed proposal, measured from a signed assets-received checkpoint rather than from payment. If NovraScale runs past it, a per-day credit applies against the client’s monthly fee for every day beyond that date, up to a hard cap. The per-day amount and the cap are both stated in the signed proposal. Beyond the cap, the client may terminate the engagement with a refund of any build scope not yet delivered. The ship-date clock pauses for excusable delay, including (a) client content, copy, photos or assets not delivered within five (5) business days of request; (b) client feedback not returned within its review window; (c) client-requested scope changes after kickoff; (d) failure to complete third-party prerequisites (domain or DNS access, advertising-account access, payment-processor approval, Google Business Profile verification); or (e) client non-responsiveness for three (3) or more consecutive business days. Each pause is documented in writing at the time it occurs.

Ownership and Portability

Client owns everything the engagement runs on. Every account capable of holding an owner is registered in the client’s name at creation, or remains in the client’s name if transferred into NovraScale’s custody: domain, DNS, hosting, the page’s source code and its deployed build, content and brand assets, the client’s Google Business Profile, Analytics and Search Console properties, the advertising account, and every lead it produces. The advertising account runs on the client’s own billing at all times. NovraScale holds administrative credentials in order to operate these accounts, delivers them at launch as a matter of course, and will deliver them at any earlier point on written request. Custody creates no NovraScale ownership interest. If the client leaves, the domain, the page and its deployed build, the advertising account and the client’s lead records keep functioning. Automations operated under a NovraScale vendor account stop with that account, and the proposal identifies which components those are.

Client owns the data, and may have a copy of it at any time, not only on exit. Within ten (10) business days of a written request, at any point during or after the engagement and for any reason, NovraScale will provide a complete export in a usable format: contact and lead records with their source, tags and consent status, conversation history including calls, messages and email, call recordings and summaries where they exist, pipeline and appointment records, form submissions, and the client’s reports. There is no charge for this and it does not require the term to have ended.

Two things do not transfer, and NovraScale will not represent otherwise. NovraScale One is NovraScale’s own software, licensed to the client for the term rather than sold. Where NovraScale operates a customer-relationship or communications platform on the client’s behalf under NovraScale’s own vendor account, that account belongs to NovraScale and does not convey; everything it holds belongs to the client and is delivered under the export above. A client who wants to run the same platform independently contracts with that vendor directly, and NovraScale hands over the data to load into it.

The Stop Rule

If the reconciled numbers show that the advertising is not producing work the client can profit on, NovraScale will say so in writing and tell the client to stop spending, rather than keep the campaign running because it is billable. This is a commitment about the advice NovraScale gives. It does not waive fees already due, and it is not a refund mechanism. Because it depends on the client’s own record of jobs sold, it operates only while the client supplies that record under Section 4.

Cross-cutting exclusions

The Anvil Promise does not apply to force majeure; failures originating in third-party services NovraScale does not control (including but not limited to Cloudflare, Resend, Google, Meta, payment processors, hosting and DNS registrars); advertising platform policy decisions, account restrictions or ad disapprovals; client refusal or failure to cooperate with reasonable requests for content, access, feedback, or approvals; or code, CMS, or hosting modifications made by the client or a third party engaged by the client without NovraScale’s involvement. If any invoice is more than fifteen (15) days past due at the time of a claim, this Promise is suspended (not voided) until the account is current. Once past-due amounts are paid in full, active Build-Right and Ship-Date commitments are reinstated on a going-forward basis; ship-date credit does not accrue for the suspension window, the balance of the ship-date window resumes from the reinstatement date, and the Build-Right obligation resumes for the remainder of the engagement.

The Anvil Promise is a contractual commitment made as part of the signed scope; it is not a warranty of merchantability, fitness for a particular purpose, or any statutory consumer-protection guarantee, and creates no third-party rights. All credits or refunds contemplated above are the client’s sole and exclusive remedy for breach of the corresponding commitment.

6. Fees & Payment

The build fee

The lead-funnel build is a one-time fee in the amount stated in the signed proposal, payable in full at signing. Work begins when the countersigned agreement and the cleared payment are both in hand. The build fee is non-refundable, subject only to the ship-date credit and the past-the-cap refund of undelivered scope in Section 5.

The monthly funnel-management fee

The recurring monthly fee covers the work described in Section 1. The first monthly service period begins on the day the page goes live, and the ninety (90) day minimum term is measured from that day. The fee continues month to month after the term until either party gives notice under Section 7. It is required with every build and is not sold separately. There is no activation fee and no separate setup fee beyond the build fee above.

The monthly fee is fixed for the minimum term. After the minimum term, NovraScale may change it only on not less than thirty (30) days’ written notice, effective at the start of a monthly service period, and the client may terminate under Section 7 before the change takes effect.

“Monthly service period” means each successive one-month period of funnel management, the first beginning on the day the page goes live and each subsequent period beginning on the same day of the following month. Billing cycles align to monthly service periods.

Advertising spend is not a NovraScale fee

Media is billed by the advertising platform directly to the client’s own payment method on the client’s own advertising account. NovraScale does not hold, invoice, mark up, or take a percentage of media spend, and spend is in addition to the fees above. Budgets, and the thresholds at which a campaign is paused or scaled, are agreed in writing before spend starts.

Payment methods

Fees are payable by ACH, credit card, or other methods specified in the engagement proposal. Late payments may incur a late fee of 1.5% per month or the maximum allowed by law, whichever is lower.

Termination before launch

If the client voluntarily terminates before the page has launched, for reasons other than NovraScale’s material breach, the build fee is earned as to work completed and capacity reserved as of the notice date and is not otherwise refundable, and any monthly fees already paid are not refunded. Where NovraScale has not commenced work, the build fee is refunded less third-party costs already committed on the client’s behalf. The Build-Right and Ship-Date commitments in Section 5 do not activate for any post-termination period. Any ship-date credit that accrued prior to the termination date is owed regardless. If the page has launched and the client ends the engagement, Build-Right continues for the period stated in Section 5. Ownership and Portability survives any termination: the asset ownership and the export right are unconditional, and the platforms Section 5 identifies as non-transferring remain so.

Taxes

Fees are exclusive of any applicable sales, use, or similar taxes, which are the client’s responsibility.

7. Cancellation & Refunds

The monthly funnel-management fee carries a ninety (90) day minimum term, billed monthly, and continues month to month after that until either party gives notice. Cancellation is by written notice to legal@novrascale.com. NovraScale confirms every cancellation in writing and does not require a retention call.

Inside the minimum term. The monthly funnel-management fee is sold as a ninety (90) day term of service, and the fee for that term is earned over its three monthly service periods. The client may stop the work at any time on written notice. Doing so is a permitted election, not a breach, and NovraScale will not treat it as one. Electing to stop the work does not shorten the term the client purchased: the monthly fees for the remaining monthly service periods stay due on their ordinary billing dates. The client may instead keep the service running for the balance of the term at no additional charge, and NovraScale will continue to perform on written request. These amounts are the agreed price of the term. They are not damages, not a termination fee, and not a charge triggered by the client’s notice, and they are calculated identically whether the client stops early or not. Nothing else is owed: the build fee was paid at signing and is not recovered, amortized, or clawed back, and no separate charge attaches to early notice. The Performance Exit below overrides this paragraph.

If any tribunal characterizes the amounts payable under the preceding paragraph as liquidated damages rather than as the agreed price of the term, the parties agree that at the time of contracting the damages NovraScale would sustain from an early stop were difficult to ascertain, because NovraScale reserves delivery capacity for a limited number of engagements per month (Section 4) and cannot resell a reserved period on short notice, and that the amounts stated are a reasonable forecast of those damages and not a penalty.

The Performance Exit. If, in each of two (2) consecutive monthly service periods, NovraScale fails to deliver one or more of the recurring deliverables identified in the signed scope, and does not cure the failure within ten (10) business days of the client’s written notice identifying it, the client may terminate on written notice with no further payment obligation, whatever monthly service period the engagement is in. Amounts otherwise due for the remainder of the term are waived. Fees already paid are not refunded, and the build fee is unaffected. The Performance Exit is the client’s sole and exclusive remedy for NovraScale’s failure to deliver the recurring deliverables.

After the minimum term. Either party may terminate by giving notice before the end of the current monthly service period. There is no advance-notice window beyond that.

Refunds outside the Anvil Promise mechanics in Section 5 are not standard and are evaluated case by case. Monthly fees already paid for the current monthly service period are not pro-rated or refunded, and the build fee is non-refundable under Section 6.

Upon termination, NovraScale will provide reasonable transition assistance (including data export, DNS handover, and access transfer) for a period of fourteen (14) days following the effective termination date. Ownership and Portability under Section 5 survives termination in every case.

8. Client Ownership

Ownership and portability are governed by Section 5, which states the full list of assets the client owns and the client’s unconditional export right. The export of the deployed site is licensed for the client’s continued operation of that site and does not grant the client a right to extract, redistribute, or independently reuse NovraScale’s underlying frameworks, design system primitives, or reusable code patterns (see Section 9). NovraScale will provide all necessary credentials, exports, and access transfers upon request.

9. Intellectual Property

NovraScale retains ownership of: its proprietary frameworks, methodologies, internal tooling, reusable code patterns, design system primitives, and any general know-how developed in the course of business. Nothing in these Terms transfers ownership of NovraScale’s pre-existing or general-use intellectual property to the client.

The client retains ownership of all content they provide and grants NovraScale a non-exclusive license to use that content solely for the purpose of delivering the contracted services.

10. Confidentiality

Both parties agree to keep confidential any non-public business, technical, financial, or strategic information disclosed during the engagement. This obligation survives termination.

Confidentiality does not apply to information that is publicly available, was independently developed, or is required to be disclosed by law.

11. Protected Health Information

NovraScale does not create, receive, maintain, or transmit Protected Health Information (PHI) on a client’s behalf, and does not accept work that would require it to. Where a client is a covered entity, clinical or PHI-bearing intake remains in the client’s own EHR, scheduling platform, or other system the client operates under its own agreement with that vendor.

NovraScale does not execute Business Associate Agreements. Nothing in these Terms, a proposal, or any other NovraScale document should be read as one.

Whether NovraScale is a business associate of a given client under 45 CFR 160.103 is a determination for the client and the client’s counsel, made against the client’s own workflows. NovraScale does not make that determination on the client’s behalf and renders no opinion on it. The client is responsible for its own HIPAA compliance program.

11a. Data Processing

Where NovraScale processes personal information on the client’s behalf in performing the services, it does so solely for the business purposes stated in the signed proposal. NovraScale will not sell or share that personal information as those terms are defined by the California Consumer Privacy Act, will not retain, use, or disclose it outside the direct business relationship or for any purpose other than performing the services, and will not combine it with personal information received from any other source except as permitted for a service provider. NovraScale certifies that it understands these restrictions and will comply with them. NovraScale’s sub-processors are available on request at the address in Section 23. Each party is responsible for its own compliance with applicable privacy law as to the data it controls.

12. Acceptable Use

The client agrees not to use NovraScale services to:

• Engage in any activity that violates applicable law, including healthcare regulations
• Publish defamatory, fraudulent, or misleading content
• Send unsolicited bulk communications (spam) using systems built or hosted by NovraScale
• Violate the privacy or rights of any third party
• Distribute malware, attempt to compromise the security of any system, or interfere with the proper operation of NovraScale-built infrastructure

NovraScale reserves the right to suspend services if, in its reasonable judgment, the client has materially violated this section.

Messaging consent

Where the engagement includes a speed-to-lead reply, a follow-up sequence, or review requests sent by text or email, those messages are sent on the client’s behalf, in the client’s name, from the messaging account identified in the signed proposal, whether the client’s own or one NovraScale operates for the client, to numbers and addresses the client’s own forms and records supply. The client is responsible for the lawfulness of the underlying consent, including under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, and the CAN-SPAM Act, and for the accuracy and provenance of any list it provides for import. NovraScale configures the consent capture, the opt-out handling, and the records that evidence consent as part of the build, and will not send to, or import, a list for which the client cannot evidence consent. As between NovraScale and the client, the client is the sender of each message and the business whose services it promotes. Where NovraScale operates the messaging account, it acts as the client’s service provider: it sends only to the client’s leads and customers, only the messages the signed proposal describes, and only on the client’s instructions. Every email names the client in its From line, every review-request email carries the client’s postal address and a working unsubscribe link, and every text identifies the client and honors STOP. NovraScale does not warrant that any message, list, or sending practice complies with law.

13. Disclaimers

Except for the commitments in Section 5 (Build-Right, Ship-Date, Ownership and Portability, and the Stop Rule), NovraScale provides services “as is” and “as available.” NovraScale disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

NovraScale does not warrant that services will be uninterrupted, error-free, or free of vulnerabilities, except to the extent specifically committed in the engagement proposal.

14. Limitation of Liability

To the maximum extent permitted by law, NovraScale’s aggregate liability arising out of or related to these Terms or any engagement, regardless of the form of action, will not exceed the total fees paid by the client to NovraScale in the 12 months preceding the event giving rise to the claim.

In no event will NovraScale be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.

15. Indemnification

Each party agrees to indemnify and hold the other harmless from third-party claims arising from its own breach of these Terms, its negligence or willful misconduct, or, in the case of the client, its violation of any law or regulation applicable to its practice.

16. Termination

Either party may terminate the engagement for material breach if the breach is not cured within 30 days of written notice. NovraScale may suspend or terminate services immediately for non-payment beyond 30 days past due, or for material violation of Section 12 (Acceptable Use). Section 7 governs termination of the monthly funnel-management fee, including the minimum term and the Performance Exit, and controls over this Section to the extent they conflict.

Sections that by their nature should survive termination (including ownership, confidentiality, intellectual property, indemnification, limitation of liability, governing law, and dispute resolution) survive termination.

17. Governing Law & Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Section 18, exclusive venue for any judicial proceeding lies in the state and federal courts located in Brevard County, Florida.

18. Dispute Resolution: Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or any engagement will be resolved by binding arbitration. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, held in Brevard County, Florida (or via videoconference by mutual agreement). The arbitrator’s award is final and may be entered in any court of competent jurisdiction.

Class action waiver: Each party agrees that any arbitration or judicial proceeding will be conducted in an individual capacity only and not as a class, collective, or representative action.

Notwithstanding the above, either party may seek injunctive or other equitable relief in court for actual or threatened infringement of intellectual property or breach of confidentiality.

19. Force Majeure

Neither party will be liable for delays or failures in performance resulting from events beyond its reasonable control, including natural disasters, pandemics, government actions, infrastructure outages, or acts of war or terrorism. If a force majeure event materially affects delivery, any active commitment timeline in Section 5, including the ship-date window, will be tolled for the duration of the event, the Build-Right obligation is suspended for that duration rather than expiring, and both parties will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

20. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted on this page with a revised “last updated” date. Continued use of the site or services after changes are posted constitutes acceptance of the updated Terms. For active client engagements, the Terms in effect at the time of engagement acceptance govern that engagement unless both parties agree in writing to apply revised Terms.

21. Miscellaneous

Entire Agreement. These Terms, together with any executed engagement proposal and the Privacy Policy, constitute the entire agreement between the parties on the subject matter and supersede all prior agreements.

Severability. If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver. Failure to enforce any provision is not a waiver of that provision.

Assignment. The client may not assign these Terms without NovraScale’s prior written consent. NovraScale may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets.

22. Text Messaging (SMS)

Program description. NovraScale operates an SMS program for business owners and decision-makers who contact us about our services. Messages fall into two categories, each with its own separate optional consent checkbox on our forms: transactional and informational messages (replies to your inquiry, confirmations, and appointment reminders), and promotional messages (occasional updates about our services). Neither checkbox is pre-checked, neither is required to submit a form, and consent to receive messages is not a condition of purchase. We do not text people who have not given us their number and ticked a box.

Message frequency. Message frequency varies.

Cost. Message and data rates may apply. NovraScale does not charge for these messages; your mobile carrier may charge you according to your plan.

How to opt out. You may cancel at any time. Text STOP to any message from us to unsubscribe. After you text STOP we will send a single confirmation message containing no marketing content, and then stop sending messages to that number. Opting out of one type of message opts you out of all of them. You may also revoke consent by any other reasonable method, including replying with any clear statement that you no longer wish to be contacted, or emailing us; we honor those requests within ten business days. For help, text HELP to any message from us, or email legal@novrascale.com.

Carrier liability. Mobile carriers are not liable for delayed or undelivered messages. Delivery depends on effective transmission by your carrier and is not guaranteed.

Privacy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. How we collect, use, and retain your mobile number is described in our Privacy Policy.

23. Contact

Questions about these Terms? Email us at legal@novrascale.com.