Terms and Conditions

Last updated: September 2026

Welcome to Optimal Scaling LLC (“we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of our website optimalscaling.com, products, and AI automation services.

By accessing or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

1. Use of Our Website and Services

You agree to use our website and services only for lawful B2B purposes and in accordance with these Terms. You are responsible for ensuring that your use complies with all applicable laws and regulations (including telemarketing and data privacy laws). You must not:

Attempt to gain unauthorized access to our systems, CRM, or AI networks.

Use our content, automation templates, or materials for commercial purposes without written permission.

Upload or transmit viruses, spam, or malicious code.

2. Accounts and Purchases

When you create an account or schedule a service deployment, you agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account and password within the provided software. We reserve the right to refuse or cancel any order at any time for reasons including suspected fraud, unauthorized use, or compliance violations.

3. Payment, Usage Costs, and Refund Policy

All service payments, including the initial setup fee and monthly management retainers, must be made in full as outlined in your specific service agreement.

Non-Refundable Setup: Due to the custom engineering, workflow mapping, and labor required to deploy your AI infrastructure, all initial setup fees are strictly non-refundable once work has commenced.

Third-Party Usage Costs: The client is 100% responsible for all variable consumption costs associated with running the system. This includes, but is not limited to, telecom billing (SMS and phone calls via Twilio/LeadConnector) and AI generation costs (OpenAI API). These charges will be billed directly to the client's credit card on file.

Account Suspension: If you fail to pay for services rendered or active subscriptions, we reserve the right to suspend or terminate access to your account and automated services.

4. Performance Guarantee

We offer a conditional Performance Guarantee for qualifying clients. If your business qualifies and strictly follows our agreed implementation process, we guarantee we will generate 10 qualified solar appointments within 60 days. If we do not hit this target, we will continue working at no additional management fee until we do. (Note: Third-party usage costs for ads, SMS, and AI still apply).

To qualify for this guarantee, the client MUST:

Maintain the agreed-upon minimum monthly ad budget.

Operate as a verified residential or commercial solar company.

Demonstrate the ability to answer new appointments and system notifications promptly.

Be fully willing to follow the agreed-upon sales process without deviation.

Failure to meet any of these criteria voids the performance guarantee. No cash refunds are provided under this guarantee.

5. Intellectual Property

All content on this website—including text, graphics, logos, videos, software, and proprietary AI workflows/prompts—is the property of Optimal Scaling LLC or its licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, reverse-engineer, or modify any materials or automated systems provided by us without our express written consent.

6. Disclaimer of Warranties

Except for the specific conditional guarantee outlined in Section 4, our website, infrastructure, and services are provided “as is” and “as available.” We make no warranties, express or implied, regarding the continuous operation of third-party software, accuracy of lead information, or suitability for a particular purpose. Your ultimate closing rate depends solely on your internal sales efforts.

7. Limitation of Liability

To the fullest extent permitted by law, Optimal Scaling LLC and its affiliates shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of your use or inability to use our website or services. Our total liability for any claim shall not exceed the amount you paid to us, if any, for the specific services in question during the three (3) months preceding the claim.

8. Indemnification

You agree to indemnify and hold harmless Optimal Scaling LLC, its officers, employees, and partners from any claims, damages, or expenses (including legal fees) arising from your use of our website, the content of messages sent via our automations, or your violation of these Terms.

9. Third-Party Links

Our website and services may contain links to or integrations with external platforms not operated by us. We are not responsible for the content, uptime, or privacy practices of these third-party sites.

10. Termination

We may suspend or terminate your access to our website or services at any time, without notice, if we believe you have violated these Terms or engaged in fraudulent activity.

11. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of New Mexico, USA, without regard to conflict of law principles.

12. Changes to These Terms

We may update or modify these Terms from time to time. Updates will be posted on this page with the “Last updated” date. Your continued use of our website signifies acceptance of the revised Terms.

13. Contact Us

SMS/Text Messaging Terms & Compliance By opting in to receive SMS communications from Optimal Scaling LLC through our website forms or booking calendars, you agree to receive text messages regarding appointment confirmations, schedule reminders, and B2B service updates. Opt-Out Instructions: You can cancel the SMS service at any time. Simply text "STOP" to the number from which you received the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Help & Support: If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at [email protected]. Carrier Liability: Carriers are not liable for delayed or undelivered messages. Rates & Frequency: As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies based on your interaction with our scheduling and support team. For questions about your text plan or data plan, please contact your wireless provider. Privacy: If you have any questions regarding privacy, please read our Privacy Policy.

14. Contact Us

If you have any questions about these Terms and Conditions, please contact us at:

Optimal Scaling LLC

Email: [email protected]

Website: optimalscaling.com

Address: 1209 Mountain Road PL NE, Ste N, Albuquerque, NM, 87110, USA

This website is not a part of the Facebook website or Facebook Inc. Additionally, this website is NOT endorsed by Facebook in any way. Facebook is a trademark of Facebook, Inc.