Provider and acceptance
These Terms of Service apply to the website and services offered under the Agent Scale Up name by Jared Aigner, a sole proprietor (“Agent Scale Up,” “we,” or “us”). By using this website, you agree to these terms. A separate written project agreement will govern paid services and will control if it conflicts with these general terms.
Services
We provide custom software design, development, integrations, automation, websites, reporting tools, maintenance, and related consulting. Services are not off-the-shelf insurance products. Each engagement is defined by a written proposal, statement of work, or service agreement describing the agreed scope, deliverables, timeline, fees, and support.
Client responsibilities
Clients are responsible for:
- Providing timely, accurate requirements, content, and feedback.
- Providing lawful access to systems, accounts, and data needed for the project.
- Obtaining rights, notices, and consents required for data and materials supplied to us.
- Reviewing deliverables and reporting issues within agreed review periods.
- Using delivered software in compliance with insurance, privacy, communication, employment, and other applicable laws.
Unless expressly agreed in writing, we do not provide legal, regulatory, tax, or insurance advice and do not determine whether a client’s business process satisfies a particular legal requirement.
Scope and changes
Work is limited to the written project scope. Requests that add features, integrations, revisions, data migration, support, or other work may require a change order, additional fees, and an adjusted timeline. No material scope change is binding until accepted in writing.
Fees and payment
All charges are stated and processed in U.S. dollars (USD). Depending on the project, payment may include a deposit, milestone payments, a final payment, and optional recurring support fees. Exact amounts and due dates are provided before payment in the written project agreement.
Invoices are due according to that agreement. Work or delivery may be paused for overdue amounts after applicable notice. Clients are responsible for approved third-party costs and applicable taxes unless the agreement states otherwise.
Delivery and acceptance
Delivery dates are good-faith estimates based on the agreed scope and client cooperation. A client delay, scope change, third-party outage, or event outside reasonable control may affect the schedule. Deliverables and any review or acceptance process are defined in the project agreement. Minor defects that do not materially prevent agreed use do not automatically constitute non-delivery.
Intellectual property
Ownership is determined by the written project agreement. Unless that agreement states otherwise, rights in custom deliverables created specifically for the client transfer only after all related fees are paid. We retain ownership of pre-existing materials, general know-how, reusable tools, frameworks, methods, and components that were not created exclusively for the client. Third-party software remains subject to its applicable license.
Confidentiality and data
Each party will use reasonable care with non-public information received for a project. Additional confidentiality, data-processing, security, or regulated-data requirements must be agreed in writing before the relevant data is shared. Clients should not provide sensitive applicant, policyholder, health, or financial data unless the project agreement expressly authorizes it and appropriate safeguards are in place.
Warranties and third-party services
Any project-specific warranty or correction period is stated in the written agreement. To the maximum extent permitted by law, the website and any services not covered by an express written warranty are provided “as is.” We are not responsible for outages, changes, restrictions, or failures caused by third-party platforms, APIs, hosting, or services.
Limitation of liability
To the maximum extent permitted by applicable law, neither party will be liable for indirect, incidental, special, punitive, or consequential damages, including lost profits or lost data. Our aggregate liability arising from a paid project will not exceed the fees the client paid to us for the specific services giving rise to the claim during the six months before the event, unless the written agreement or applicable law requires otherwise. Nothing here excludes liability that cannot lawfully be limited.
Termination
Project cancellation and termination rights are governed by the written agreement and our Refund & Cancellation Policy. Terms that by their nature should continue—such as payment, intellectual property, confidentiality, and liability provisions—survive termination.
Contact
Questions may be sent to jaredmatthewaigner@gmail.com or mailed to Jared Aigner, 12202 Club Drive, Tampa, FL 33612, United States.