This Terms of Service Agreement (“Agreement”) is a legally binding contract between you and Outscaled Holdings LLC. It governs your purchase and use of Outscaled OS, a done-for-you (“DFY”) sales system setup and presentation build designed to help you sell your services through a structured, automated process.
By clicking “I Agree”, submitting payment, or accessing our services, you confirm that you have read and understood this Agreement, and agree to be bound by its terms.
If you do not agree, do not access or use Outscaled OS.
2. Description of Services
Outscaled OS includes:
A custom-designed sales page and sales presentation built to help you communicate your offer effectively. DFY setup and buildout of connected automations or sales flows necessary to operate the presentation funnel. Limited launch testing of the automated process to confirm core functions.
Client must complete all onboarding materials and communication steps before work begins. No work will commence until onboarding is completed.
3. Client Responsibilities
Client agrees to:
Complete onboarding and provide required details within seven (7) days of purchase. Communicate promptly with Outscaled during the build process. Provide all necessary assets (offer details, copy, images, access credentials, etc.). Test and review all automations and pages after delivery. Take full responsibility for the system and its operation once delivered.
Failure to complete these steps may delay delivery or void the guarantee.
4. Fees and Payment
Total Fee: $9,994 USD
Payment Schedule:
$4,997 due upfront (non-refundable, recognized as the contractual first payment). $4,997 due automatically forty-five (45) days later, unless waived under the Conditional Guarantee (Section 5).
Client authorizes Outscaled to charge the payment method on file according to this schedule. All payments are made in USD.
If payment fails or is canceled, Client remains responsible for the balance due. Late payments accrue interest at 1.5% per month, or the highest rate permitted by law.
5. Conditional Guarantee
Outscaled OS includes a performance-based conditional guarantee.
The second $4,997 payment will be automatically charged after 45 days unless the following guarantee conditions are all met:
You may request to waive the second payment only if all of the following are true:
You completed onboarding and provided all required access and information. You actively communicated with our team when requested. At least 45 days have passed since onboarding completion. You have taken at least 50 sales calls using the Outscaled OS system. You can demonstrate that: Sales automation and organization did not improve, Sales performance did not improve, and Onboarding or sign-up processes did not improve.
If all five conditions are met, the second $4,997 payment will be waived.
If any condition is unmet or unverifiable, the second payment remains due automatically.
6. Ownership and Intellectual Property
All source materials, templates, and systems created during your engagement remain the intellectual property of Outscaled until full payment is made.
Upon full payment, Client receives a non-exclusive, non-transferable license to use the delivered materials within their own business. Client may not sell, resell, distribute, license, or share Outscaled OS assets with third parties.
Any materials or tools provided by Outscaled — including templates, scripts, designs, frameworks, or proprietary systems — remain the exclusive property of Outscaled Holdings LLC.
7. Refunds and Chargebacks
All sales are final. The initial payment ($4,997) is non-refundable, as work begins immediately upon purchase. The second payment ($4,997) is only waivable under the conditional guarantee. Client agrees not to initiate chargebacks or payment disputes under any circumstance.
If a chargeback occurs, Outscaled reserves the right to:
Recover the full disputed amount plus a $500 administrative fee, and Use a collection agency or legal action to recover losses and fees.
8. Confidential Information
Each party agrees not to disclose or use any confidential information obtained from the other, except as necessary to fulfill obligations under this Agreement.
Confidential information includes but is not limited to business plans, strategies, client data, and proprietary materials.
These obligations survive for five (5) years after termination of this Agreement.
9. Non-Disparagement & Non-Disclosure
Both parties agree to refrain from making any negative, disparaging, or misleading public statements about one another, including on social media, review sites, or in communications with third parties.
The Client also agrees not to disclose any confidential business details, frameworks, or internal processes of Outscaled to external parties without written consent.
Violation of this clause constitutes a material breach of this Agreement.
10. Data and Access Credentials
Client is responsible for maintaining the confidentiality of all login credentials and accounts associated with the system.
Outscaled is not liable for loss, breach, or misuse of credentials once delivered to Client.
Outscaled may use aggregated, anonymized data from Client systems for service performance analysis or product improvement, provided no identifying information is shared.
11. Third-Party Tools & Services
Outscaled OS may connect to or rely on third-party software (e.g., website hosting, email, CRM, or scheduling platforms).
You are responsible for maintaining active accounts and paying any associated fees for these tools.
Outscaled is not liable for outages, changes, or costs related to third-party software or platforms.
12. Warranties and Disclaimers
Outscaled’s Warranty:
We warrant that the Services will be provided with reasonable skill and care.
Disclaimer:
Outscaled OS is provided “as is.” We make no guarantees regarding revenue, sales, or performance outcomes.
You acknowledge that your results depend on your execution, communication, and consistency.
All implied warranties, including merchantability, fitness for purpose, and non-infringement, are expressly disclaimed.
13. Indemnification
You agree to indemnify and hold harmless Outscaled, its owners, affiliates, employees, and contractors from any claims, damages, or expenses arising from:
Your use or misuse of the Services, Your negligence, omissions, or misrepresentations, or Any third-party claim related to your business activities.
14. Limitation of Liability
In no event will Outscaled be liable for:
Loss of revenue, profits, or data; Business interruption or indirect damages; or Any damages exceeding the total amount paid under this Agreement.
This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and survives termination of this Agreement.
15. Term & Termination
This Agreement begins upon acceptance and continues until terminated.
Outscaled may terminate this Agreement immediately if the Client:
Fails to make payment, Fails to complete onboarding or provide information, Engages in abusive or unethical behavior toward Outscaled staff, or Violates any term of this Agreement.
Termination does not relieve Client of payment obligations for work already completed.
16. Governing Law & Arbitration
This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Any dispute or claim arising under this Agreement shall be resolved through binding arbitration in Miami-Dade County, Florida, administered by the American Arbitration Association under its Consumer Arbitration Rules.
You and Outscaled agree to waive any right to jury trial or class action participation. Each dispute shall be resolved individually.
17. Privacy Policy
Our collection and use of Client data is governed by the Outscaled Privacy Policy, available at Outscaled.io/privacy-policy.
By using our Services, you consent to our collection and handling of information as outlined in that policy.
18. Modifications
Outscaled reserves the right to modify this Agreement at any time.
You will be notified of changes via email or through the Service. Continued use of Outscaled OS after notice constitutes acceptance of the modified terms.
19. Export & Compliance
Client agrees to comply with all U.S. export laws and regulations when using Outscaled OS.
No materials may be distributed to embargoed or prohibited regions as defined by U.S. law.
20. Entire Agreement
This document constitutes the entire agreement between the Client and Outscaled regarding Outscaled OS.
It supersedes any prior discussions, communications, or representations.
If any provision is found invalid, the remaining terms remain enforceable.