Terms of Service

ScaleUp Simple, operated by Kwik Enterprises LLC

Effective Date: January 2026

Welcome to ScaleUp Simple. These Terms of Service ("Terms") govern your access to and use of the AI-powered back office solutions and related services provided by ScaleUp Simple, a service operated by Kwik Enterprises LLC ("Kwik Enterprises," "we," "us," or "our"). By accessing, subscribing to, or using any of our services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our services.

1. Agreement to Terms

By using the services provided by ScaleUp Simple, you represent and warrant that you are at least 18 years of age and have the authority to bind yourself or the business entity you represent to these Terms. Your use of our services constitutes your acceptance of, and agreement to, these Terms, our Privacy Policy, and any additional service-specific terms we may provide.

2. Services Provided

ScaleUp Simple provides AI-powered back office solutions for coaching, consulting, and related businesses. Our core services include, but are not limited to:

  • 24/7 Digital Dispatcher: Missed call capture, lead intake, and appointment booking through automated and human-assisted workflows.
  • Reactivation Engine: Automated customer re-engagement campaigns to win back dormant or past clients.
  • CRM Setup and Automation: Configuration, optimization, and ongoing automation of your CRM and related workflows.
  • Email and SMS Marketing Templates: Campaign frameworks, templates, and automations to support consistent client communication.

We may modify, improve, or discontinue certain features or services from time to time. Any material changes will be communicated to you in a reasonable manner.

3. Service Agreement & Pricing

By enrolling in a ScaleUp Simple service package, you agree to the following pricing structure unless otherwise agreed to in writing:

  • Founding Member Pricing: $2,999 one-time setup fee + $497/month subscription with a 90-day minimum commitment.
  • Standard Pricing: $3,999 one-time setup fee + $797/month subscription (applies after the Founding Member offer period ends or if you do not qualify for the Founding Member offer).

Pricing may vary based on custom scopes of work, add-on services, or promotional offers. Any changes to your pricing will be communicated and agreed to in writing (including email) before they take effect.

4. Revenue Recovery Guarantee

Our $2,500 Revenue Recovery Guarantee

We stand behind the performance of our systems. For qualified clients, we guarantee that our services will help you generate at least $2,500 in additional monthly revenue within 90 days, or we will continue working for free until that threshold is met (subject to the conditions below).

To qualify for this guarantee, you agree to:

  • Follow the mutually agreed implementation plan, including timely provision of access, assets, and approvals.
  • Maintain an active subscription to our services for at least 90 consecutive days.
  • Have an existing and verifiable business revenue of at least $10,000 per month at the time of onboarding.

The guarantee applies to incremental revenue reasonably attributable to our reactivation, dispatcher, and automation efforts, as determined in good faith, using tracking data and reasonable assumptions agreed upon by both parties.

If you do not meet the eligibility criteria or fail to complete the agreed implementation steps, the guarantee may be voided at our discretion. This guarantee does not constitute a promise of overall business success, profit, or future results beyond the specific revenue recovery amount stated above.

5. Payment Terms

  • Setup Fees: One-time setup fees are due and payable in full upon execution of the service agreement or at checkout, unless otherwise specified in writing.
  • Monthly Billing: Recurring subscription fees are billed on the 1st day of each month (or the nearest business day) to the payment method on file.
  • Late Payments: If payment is not received by the due date, we reserve the right to suspend or limit access to services until payment is made. We may also charge a late fee where permitted by law.
  • No Refunds After Setup Completion: Once setup work has commenced and/or been completed, all setup fees are non-refundable. Ongoing subscription fees are non-refundable for the billing periods in which services have been made available.

6. Cancellation Policy

  • Minimum Commitment: All standard service agreements require a 90-day minimum commitment, unless explicitly stated otherwise in writing.
  • Cancellation After Minimum Term: After the initial 90-day period, you may cancel your subscription by providing at least 30 days' written notice to our support team.
  • No Retroactive Refunds: Fees already paid (including setup and prior monthly fees) are non-refundable, even if you choose to stop using the services before the end of a billing period.

7. SMS, Email & Communication Consent

As part of our services, ScaleUp Simple may send you and your end customers communications related to appointment reminders, scheduling updates, service notifications, reactivation campaigns, and other business-related messages via SMS/text message, email, and other channels you authorize.

By using our services, you represent and warrant that:

  • You have obtained all necessary permissions and consents from your customers and contacts to send them SMS and email communications via our systems.
  • You will not upload or use contact lists for which you do not have valid consent or legal right to contact.
  • You will comply with all applicable laws and carrier guidelines, including but not limited to A2P 10DLC, TCPA, CAN-SPAM, and similar regulations in your jurisdiction.

SMS/A2P 10DLC Compliance Notice

ScaleUp Simple uses compliant messaging routes and best practices for A2P 10DLC messaging to support reliable and lawful SMS delivery. Message types may include appointment reminders, scheduling updates, service alerts, and marketing/re-engagement messages where permitted.

Message frequency varies. You or your customers may receive messages at variable frequencies depending on account activity, campaign settings, and engagement.

Msg & data rates may apply. Standard carrier messaging and data rates may apply to any SMS/text messages sent or received in connection with our services. You are responsible for any fees charged by your (or your customers') mobile carrier.

Opt-Out / STOP: Recipients may opt out of receiving SMS messages at any time by replying STOP to any message. After a recipient sends STOP, they will no longer receive SMS messages from the associated campaign or number, except for a one-time confirmation message where required.

Help / HELP: Recipients may reply HELP for assistance or additional information on how to manage their messaging preferences.

Customer Support for SMS Program:

If you have questions, concerns, or need assistance with our SMS messaging program, you can contact us at:

Email: [email protected]

Phone: (508) 709-1546

Business Hours: Monday-Friday, 9:00 AM - 5:00 PM ET

You may also reply HELP to any SMS message to receive automated assistance, or visit our Privacy Policy at https://app.scaleupsimple.com/privacy-policy-page for more information about how we handle your data.

For more information on how we collect, use, and protect personal data, including phone numbers and email addresses, please review our Privacy Policy.

8. Limitation of Liability

To the maximum extent permitted by law, Kwik Enterprises LLC and its officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising out of or related to your use of the services, even if we have been advised of the possibility of such damages.

  • We are not responsible for lost revenue or business results caused by external factors beyond our control, including but not limited to market changes, industry conditions, competitive actions, or your internal sales processes.
  • We are not responsible for downtime, errors, or issues with third-party platforms (such as CRMs, payment processors, phone carriers, or marketing tools) that we integrate with or rely upon.
  • Our total aggregate liability for any claim arising out of or relating to the services will not exceed the total amount of fees you have paid to us for the services during the twelve (12) months immediately preceding the event giving rise to the claim.

9. SMS Messaging and Carrier Liability

Carrier Liability Disclaimer

ScaleUp Simple (Kwik Enterprises LLC) is not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from your wireless service provider.

Wireless carriers are not liable for delayed or undelivered messages. Message and data rates may apply.

By opting in to receive SMS messages from ScaleUp Simple, you acknowledge and agree that:

• Message delivery depends on your wireless carrier's network and coverage

• Wireless carriers are not responsible for the content of messages

• ScaleUp Simple is not responsible for carrier-related delivery issues, delays, or failures

• Standard message and data rates from your wireless carrier may apply

• Neither ScaleUp Simple nor wireless carriers guarantee message delivery

• You release ScaleUp Simple and all wireless carriers from any claims related to message delivery

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10. Changes to These Terms

We may update or modify these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will update the Effective Date at the top of this page and, where appropriate, provide additional notice (such as by email or in-app notification).

Your continued use of the services after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the services and may request cancellation in accordance with our cancellation policy.

11. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any choice or conflict of law provision or rule.

12. Contact Us

If you have any questions about these Terms, our services, or our data practices, please contact us:

Business Name: ScaleUp Simple (operated by Kwik Enterprises LLC)

Mailing Address: Available upon request

For privacy-related questions, please also review our Privacy Policy.