Legal
Last updated: August 1, 2026
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 or engaging us for services, you agree to these Terms.
NovraScale designs, builds, and manages custom websites and customer-acquisition systems for service businesses across the United States, in trades, healthcare, legal, auto, real estate, professional services, and adjacent verticals. Services may include, depending on the engagement:
The specific scope of each engagement is defined in a separate written proposal or order form executed by both parties.
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.
We offer a free Website Report Card to qualified prospects. The report is delivered free of charge within minutes of your request. Submission of the form does not create a contractual relationship beyond delivery of the report itself, and you are under no obligation to engage NovraScale for paid services.
The audit 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 recommendations, if implemented by you or a third party, will produce specific results.
The $497 Growth Plan
The Growth Plan is a one-time paid engagement priced at $497 (no subscription and no recurring charge). It includes a human-reviewed audit of your site against your competitors, a growth model built on your own numbers, a prioritized fix map, one full page of your site rebuilt at a live preview link, and a 30-minute strategy call. NovraScale targets delivery within 72 hours (up to three business days) of payment.
Money-back guarantee: if you do not feel NovraScale surfaced at least three growth opportunities you did not already know about, email us within 14 days of delivery and we will refund the full $497, with no conditions. Rollover: if you engage NovraScale for a Forge Method engagement within 60 days of your Growth Plan, the entire $497 is credited against the one-time activation fee for that engagement. The Growth Plan does not create any obligation to purchase a Forge Method build.
Each paid engagement begins with a written proposal that defines:
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.
Every Forge Method engagement ships with a written, four-layer guarantee called the Anvil Promise. It appears on page 1 of every proposal and forms part of these Terms once the proposal is signed. NovraScale does not guarantee revenue outcomes; NovraScale guarantees the four things NovraScale controls.
Layer 1 — Build-Right (workmanship + compliance)
If the site ships with a bug, a broken flow, or a compliance miss against the checklist agreed in writing before build started, NovraScale will remedy the item at no charge for the duration of the twelve (12) month term. Each remediation request must reference a specific line item in the signed SOW or compliance checklist. Subjective preference changes (typography, color, tone) are not defects and are quoted as new work. This Layer excludes third-party service outages, defects introduced by client edits after handoff, and changes in browser or operating-system standards occurring after launch.
Layer 2 — Ship-Date
The engagement will go live within twenty-eight (28) days of the build-clock start, which begins on a signed assets-received checkpoint (not deposit). If NovraScale runs long, NovraScale will credit one hundred fifty dollars ($150) per day against the client’s monthly service fee for every day that elapses beyond the twenty-eight-day window, capped at ten (10) business days / one thousand five hundred dollars ($1,500) total. Beyond the cap, the client may terminate the engagement with a refund of unbuilt scope. The ship-date clock pauses for excusable delay, including (a) client content, copy, 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 / DNS access, MLS / IDX credentials, 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.
Layer 3 — Ownership
Client owns the codebase, domain, hosting accounts, CRM, and content from Day 1. NovraScale transfers administrative credentials to the client’s accounts at launch, not on exit. If the client leaves, the client keeps all assets functioning.
Layer 4 — The Performance Exit
The engagement is a fixed twelve (12) month term, billed monthly. If NovraScale fails to deliver the recurring deliverables identified in the signed scope for two (2) consecutive monthly service periods, client may terminate on written notice with no further payment obligation and no recovery of the Build Value. Client ownership under Layer 3 is unaffected in all cases. If client terminates before the end of the term for any other reason, client owes the unrecovered portion of the Build Value stated in the signed proposal, amortized at one-twelfth (1/12) per completed month of the term and calculated as recovery of consideration already delivered, not as a termination penalty. NovraScale will cooperate with reasonable migration requests for a period of fourteen (14) days following any termination.
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, MLS / IDX providers, payment processors, hosting / DNS registrars); 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 Layer 1 (Build-Right) and Layer 2 (Ship-Date) commitments are reinstated on a going-forward basis; Layer 2 credit does not accrue for the suspension window, and the balance of the applicable warranty or ship-date window resumes from the reinstatement date.
The Anvil Promise is a contractual commitment made as part of the Statement of Work; 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 Layer.
Monthly service fee
The recurring monthly service fee covers ongoing hosting, maintenance, optimization, and support. It begins on the first signing, together with a one-time activation fee equal to one monthly service fee, and continues for the twelve (12) month term. There is no separate build or setup fee; the build is included in the monthly service fee.
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.
Voluntary termination and Anvil Promise interaction
If the client voluntarily terminates the engagement before the site has launched, for reasons other than NovraScale’s material breach, the activation fee and any monthly fees already paid are non-refundable and Layers 1 (Build-Right) and 2 (Ship-Date) of the Anvil Promise (Section 5) do not activate for any post-termination period. Any Layer 2 credit that accrued prior to the termination date is owed regardless of subsequent voluntary termination and remains payable on the schedule set out in Section 5. If the site has launched and the client voluntarily terminates during the twelve-month Build-Right warranty period for reasons other than NovraScale’s material breach, defects reported in writing before the termination date remain remediable under Layer 1 for ten (10) business days following termination; defects first reported after termination are outside the warranty. Layer 3 (Ownership) is unconditional and survives any termination. Layer 4 (The Performance Exit) governs early termination of the twelve-month term and is exercised by giving written notice under Section 7.
Taxes
Fees are exclusive of any applicable sales, use, or similar taxes, which are the client’s responsibility.
Engagements are a fixed twelve (12) month term, billed monthly, and renew month-to-month thereafter unless either party gives notice. Early termination within the term is governed by Layer 4 (The Performance Exit) in Section 5: termination is available at no further cost where NovraScale has missed two consecutive months of signed scope, and otherwise requires payment of the unrecovered Build Value amortized at one-twelfth per completed month. After the term, either party may terminate by giving notice before the end of the current billing cycle.
Refunds outside of the Anvil Promise mechanics in Section 5 are not standard and are evaluated case-by-case. The activation fee and any monthly fees already paid are non-refundable except (a) where a Layer 2 (Ship-Date) credit has accrued under Section 5, or (b) where Section 5’s Layer 2 10-business-day cap has been exceeded and the client elects to walk with a refund of unbuilt scope. Monthly service fees already paid for the terminal billing cycle are non-refundable.
Upon termination, NovraScale will provide reasonable transition assistance for a period of fourteen (14) days following the effective termination date — matching the Layer 4 (Performance Exit) migration-cooperation commitment in Section 5 — including data export, DNS handover, and access transfer.
The client owns: their domain name, their website content (text, images, brand assets they provide), their analytics data, and a full export of the deployed website as built (including the source code of that specific site and its content) in a portable format at the time of any termination. This export is licensed for the client’s continued operation of that site but 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.
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.
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.
NovraScale does not create, receive, maintain, or transmit Protected Health Information (PHI) on behalf of any client. Lead-capture and intake forms built by NovraScale collect non-clinical contact details only (name, phone, email, free-text inquiry); any clinical or PHI-bearing intake remains in the client’s own EHR, scheduling platform, or third-party HIPAA-compliant system. NovraScale is not a HIPAA business associate of any client and does not execute Business Associate Agreements.
The client agrees not to use NovraScale services to:
NovraScale reserves the right to suspend services if, in its reasonable judgment, the client has materially violated this section.
Except for the four Anvil Promise commitments in Section 5 (Build-Right, Ship-Date, Ownership, the Performance Exit), 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.
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.
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.
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).
Sections that by their nature should survive termination — including ownership, confidentiality, intellectual property, indemnification, limitation of liability, governing law, and dispute resolution — survive termination.
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.
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.
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 Anvil Promise timeline in Section 5 — including the 28-day Ship-Date window under Layer 2 and the twelve-month Build-Right warranty window under Layer 1 — will be tolled for the duration of the event, and both parties will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.
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.
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.
Questions about these Terms? Email us at legal@novrascale.com.