Terms of Service

These Terms of Service (“Terms”) are offered by NovraScale LLC, a Florida limited liability company doing business as Brevard Booked (“Brevard Booked,” “we,” “us,” or “our”). They govern your access to and use of the website at brevardbooked.com and every service we provide. By accessing the site you agree to these Terms. The engagement terms in Sections 4 through 8, 11, 11a and 12 apply to clients who have signed a proposal with us.

1. The Services

We help owner-operated home-services businesses turn more of the people who find them into leads they own. Every paid engagement other than the systems audit is a single package, quoted in a written proposal as one setup total and one monthly total, with its scope stated as unit counts. No part of the package is sold on its own, and no part carries its own price. The package includes:

• A website build: a site on the client’s own domain
• The lead funnel: the lead-funnel build, which includes a quote page, lead capture into systems the client owns, an automated reply and follow-up, an email nurture, review requests, a starter set of static ad creative, and a measurement plan; and funnel management, which includes landing-page optimization, lead capture and tracking, upkeep of the automated replies, follow-up and nurture, and a monthly report reconciled to the client’s own record of jobs sold
• Meta and Google advertising management, run on the client’s own advertising accounts under the client’s own billing
• A local search (SEO) foundation: the client’s Google Business Profile, review requests and responses, citations and technical health. Search work beyond the foundation is part of an engagement only where the signed proposal includes it
• The monthly report and the client portal
• Automation and AI agents built around the client’s job software, where the audit map calls for them and the signed proposal counts them

No person at Brevard Booked answers or calls the client’s leads, or sells or closes for the client; any reply we set up is automated. We do not schedule the client’s crews, replace the client’s job software, or do the physical work.

The specific scope of each engagement is defined in a separate written proposal or order form signed by both parties.

We also continue to provide services to clients under agreements signed before these Terms. Section 20 governs which version of these Terms applies to a given engagement.

We also offer a free system map (Section 3) and sell a one-time systems audit, governed by our Systems Audit Terms (Section 3a).

2. Eligibility

To engage us 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.

3. The Free System Map

Our free system map at /system-map asks how your business runs and shows a map of what your business has and where the gaps are, built only from your answers, including any arithmetic it shows. It is free, no payment card is needed, and using it does not create a contract or oblige you to buy anything from us. How we handle your answers, and the emails we may send you about your map and our systems audit, are described in our Privacy Policy.

The map is provided “as is” for information only. It is not professional, legal, tax, financial, or marketing advice. It is not a forecast or a promise of any result, and it reflects only the answers you gave. Answer only for a business you own or are authorized to describe.

3a. The Systems Audit

This Section 3a, our Systems Audit Terms (“Audit Terms”), applies when you buy a systems audit from us. If the Audit Terms and the rest of these Terms differ about the audit, the Audit Terms control.

4. Engagement & Scope

Each paid engagement other than the systems audit begins with a written proposal that defines:

• The package scope and its deliverables, with the unit counts taken from the audit map
• Two totals: a setup total, payable at signing or, where the proposal elects it, half at signing and half at launch; and a monthly total. No part of the package carries its own price
• For a build, where the proposal includes them: the committed ship date, any remedy for a late launch, and the technical standards against which the Build-Right commitment in Section 5 is measured
• For the monthly plan: its minimum term (Section 7) and the billing interval
• Any component that runs on an account we hold (Section 5)
• Client responsibilities, including content, approvals, access to existing systems, the record of jobs sold at the interval the proposal states, and the review-window durations that gate excusable delay under Section 5

We decline engagements we do not believe can work. Before quoting a package, we check whether the gross profit on a typical job, on figures the client supplies, can absorb a realistic cost per acquired job with the monthly total counted in. Where it cannot, we decline the engagement rather than quoting a reduced version of it. That check rests on the client’s own figures. It is not a forecast, a projection, or a promise of any result.

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.

We accept a limited number of new engagements at a time. Capacity is not a contractual promise and may change at our discretion.

5. Our commitments

Every engagement carries the written commitments set out in this Section 5. They form part of these Terms once the proposal is signed. We do not promise revenue, leads, jobs, search rankings, or any other outcome. We commit to the things we control, set out below.

Build-Right (workmanship)

If a build ships with a bug, a broken flow, or a failure to meet a technical standard named in the signed scope, including WCAG 2.2 AA conformance where the scope specifies it, we will remedy the item at no charge during the workmanship period. That period runs for as long as the monthly plan is running and, after it ends, for ninety (90) days after the last day of its final monthly service period. Defects first reported after the workmanship period are outside this commitment. Each remediation request must reference a specific line item in the signed scope. This commitment warrants workmanship, not legal compliance. We are not a law firm, employ no licensed attorney, and hold no trade or real estate license. We do not warrant that any page, disclosure, image, advertisement or claim complies with the Fair Housing Act, the ADA, the FTC Act, state advertising or licensing rules, or any other law, and render no opinion on that question. Responsibility for legal compliance sits with the client and the client’s own advisers. Subjective preference changes (typography, color, tone) are not defects and are quoted as new work. This commitment excludes third-party service outages, defects introduced by client edits after handoff, and changes in browser or operating-system standards occurring after launch.

Ship-Date

Where the signed proposal states a ship date, the build goes live by that date, measured from a signed assets-received checkpoint rather than from payment. Any remedy for a late launch, and its limits, are as the signed proposal states. The ship-date clock pauses for excusable delay, including (a) client content, copy, photos 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 or DNS access, advertising-account access, 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. Where the signed proposal states no ship date, this commitment does not apply.

Ownership and Portability

The client owns what the engagement is built on. Every account capable of holding an owner that the engagement uses for the client, including the domain, DNS, the client’s Google Business Profile, Analytics and Search Console properties, and the advertising accounts, is registered in the client’s name at creation, or stays in the client’s name if the client brings it. The site’s source code and its deployed build, the content and brand assets made for the client, and every lead the engagement produces belong to the client, except our pre-existing frameworks, design-system primitives and reusable code patterns inside the site, which remain ours under Section 9 and are licensed to the client for its continued operation of that site under Section 8. The advertising accounts run on the client’s own billing at all times. We hold administrative access in order to operate these accounts, deliver it at launch as a matter of course, and will deliver it at any earlier point on written request. Custody creates no ownership interest for us. The signed proposal lists any component that runs on an account we hold, such as hosting or a messaging, automation or customer-relationship platform. A messaging, automation or customer-relationship component stops when the service it supports ends. A site we host keeps running until the end of the transition assistance in Section 7, so the client can move it to its own account without the site going offline. If the client leaves, the client keeps the domain, the site and its code, the advertising accounts and the client’s lead records, and we hand back any access we hold to them and, during the transition assistance in Section 7, help move anything we host onto the client’s own accounts.

The client owns the data, and may have a copy of it at any time, not only on exit. Within ten (10) business days of a written request, at any point during or after the engagement and for any reason, we will provide a complete export in a usable format: contact and lead records with their source, tags and consent status, conversation history including calls, messages and email, call recordings and summaries where the client’s own systems made them, pipeline and appointment records, form submissions, and the client’s reports. There is no charge for this and it does not require the term to have ended.

Two things do not transfer, and we will not represent otherwise. Our client portal at my.brevardbooked.com (formerly NovraScale One), the software we run things on, is our own software, licensed to the client for the term rather than sold. Where we operate a customer-relationship, communications or automation platform on the client’s behalf under our own vendor account, that account belongs to us and does not convey; everything it holds belongs to the client and is delivered under the export above. A client who wants to run the same platform independently contracts with that vendor directly, and we hand over the data to load into it.

The Stop Rule

If the reconciled numbers show that a monthly service we run, including any advertising we manage, is not producing work the client can profit on, we will say so in writing and tell the client to stop spending on it, rather than keep it running because it is billable. This is a commitment about the advice we give. It does not waive fees already due, and it is not a refund mechanism. Because it depends on the client’s own record of jobs sold, it operates only while the client supplies that record under Section 4.

Cross-cutting exclusions

The commitments in this Section 5 do not apply to force majeure; failures originating in third-party services we do not control (including but not limited to Cloudflare, Resend, Google, Meta, payment processors, hosting and DNS registrars); advertising platform policy decisions, account restrictions or ad disapprovals; 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 our involvement. If any invoice is more than fifteen (15) days past due at the time of a claim, those commitments are suspended (not voided) until the account is current. Once past-due amounts are paid in full, active Build-Right and Ship-Date commitments are reinstated on a going-forward basis; no late-launch remedy accrues for the suspension window, the balance of the ship-date window resumes from the reinstatement date, and the Build-Right obligation resumes for the remainder of the workmanship period.

The commitments in this Section 5 are contractual terms of the signed scope; they are not a warranty of merchantability, fitness for a particular purpose, or any statutory consumer-protection warranty, and create no third-party rights. Any remedy that this Section 5 or the signed proposal provides for a commitment is the client’s sole and exclusive remedy for breach of that commitment.

6. Fees & Payment

Setup fee

The setup total (the “build fee”) is the one-time amount stated in the signed proposal. It is payable in full at signing or, where the proposal elects it, half at signing and half at launch. Work begins when the countersigned proposal and the cleared payment due at signing are both in hand. The build fee is non-refundable, subject only to any late-launch remedy the signed proposal states and to the refund described under Termination before launch below.

Monthly fees

The monthly total (the “monthly fee”) covers the monthly work described in the signed proposal. The first monthly service period begins on the start date stated in the proposal or, where the monthly service runs a page we built, on the day that page goes live, and any minimum term is measured from that day. The fee continues month to month after any minimum term until either party gives notice under Section 7. No part of the package is sold or priced separately. There is no fee beyond the two totals the proposal states.

A monthly fee is fixed for its minimum term. After the minimum term, or at any time for a monthly service without one, we may change it only on not less than thirty (30) days’ written notice, effective at the start of a monthly service period, and the client may terminate under Section 7 before the change takes effect.

“Monthly service period” means each successive one-month period of a monthly service, the first beginning on the day that service starts under this Section and each subsequent period beginning on the same day of the following month. Billing cycles align to monthly service periods.

Third-party spend is not our fee

Advertising media is billed by the advertising platform directly to the client’s own payment method on the client’s own advertising account, and any AI, phone, or messaging usage the signed proposal places on the client’s own vendor accounts is billed by the vendor directly to the client. We do not hold, invoice, mark up, or take a percentage of that spend, and it is in addition to our fees. Advertising budgets, and the thresholds at which a campaign is paused or scaled, are agreed in writing before spend starts.

Payment methods

Fees are payable by ACH, credit card, or other methods specified in the proposal. Late payments may incur a late fee of 1.5% per month or the maximum allowed by law, whichever is lower.

Termination before launch

If the client voluntarily terminates before a build has launched, for reasons other than our material breach, the build fee is earned as to work completed and capacity reserved as of the notice date and is not otherwise refundable, and any monthly fees already paid are not refunded. Where we have not commenced work, the build fee is refunded less third-party costs already committed on the client’s behalf. The Build-Right and Ship-Date commitments in Section 5 do not activate for any post-termination period. Any late-launch remedy that accrued under the signed proposal before the termination date is owed regardless. If the build has launched and the client ends the engagement, Build-Right continues for the period stated in Section 5. Ownership and Portability survives any termination: the asset ownership and the export right are unconditional, and the platforms Section 5 identifies as non-transferring remain so.

The systems audit

The systems audit fee, and any refund of it, are governed by the Systems Audit Terms (Section 3a).

Taxes

Fees are exclusive of any applicable sales, use, or similar taxes, which are the client’s responsibility.

7. Cancellation & Refunds

The monthly plan carries the minimum term stated in the signed proposal, billed monthly. After the minimum term, it continues month to month until either party gives notice. Cancellation is by written notice to legal@brevardbooked.com. We confirm every cancellation in writing and do not require a retention call.

Inside the minimum term. A monthly service with a minimum term is sold as a term of service, and the fee for that term is earned over its monthly service periods. The client may stop the work at any time on written notice. Doing so is a permitted election, not a breach, and we will not treat it as one. Electing to stop the work does not shorten the term the client purchased: the monthly fees for the remaining monthly service periods stay due on their ordinary billing dates. The client may instead keep the service running for the balance of the term at no additional charge, and we will continue to perform on written request. These amounts are the agreed price of the term. They are not damages, not a termination fee, and not a charge triggered by the client’s notice, and they are calculated identically whether the client stops early or not. Nothing else is owed: any build fee was paid at signing and is not recovered, amortized, or clawed back, and no separate charge attaches to early notice. The Performance Exit below overrides this paragraph.

If any tribunal characterizes the amounts payable under the preceding paragraph as liquidated damages rather than as the agreed price of the term, the parties agree that at the time of contracting the damages we would sustain from an early stop were difficult to ascertain, because we reserve delivery capacity for a limited number of engagements at a time (Section 4) and cannot resell a reserved period on short notice, and that the amounts stated are a reasonable forecast of those damages and not a penalty.

The Performance Exit. If, in each of two (2) consecutive monthly service periods, we fail to deliver one or more of the recurring deliverables identified in the signed scope, and do not cure the failure within ten (10) business days of the client’s written notice identifying it, the client may terminate that monthly service on written notice with no further payment obligation, whatever monthly service period the engagement is in. Amounts otherwise due for the remainder of the term are waived. Fees already paid are not refunded, and any build fee is unaffected. The Performance Exit is the client’s sole and exclusive remedy for our failure to deliver the recurring deliverables.

After the minimum term. After any minimum term, or at any time for a monthly service without one, either party may terminate by giving notice before the end of the current monthly service period. There is no advance-notice window beyond that.

Refunds outside the commitments in Section 5 are not standard and are evaluated case by case. Monthly fees already paid for the current monthly service period are not pro-rated or refunded, and a build fee is non-refundable under Section 6. Cancellation and refunds of the systems audit are governed by the Systems Audit Terms.

Upon termination, we will provide reasonable transition assistance (including data export, DNS handover, and access transfer) for a period of fourteen (14) days following the effective termination date. Ownership and Portability under Section 5 survives termination in every case.

8. Client Ownership

Ownership and portability are governed by Section 5, which states the assets the client owns and the client’s unconditional export right. The export of the deployed site is licensed for the client’s continued operation of that site and does not grant the client a right to extract, redistribute, or independently reuse our underlying frameworks, design system primitives, or reusable code patterns (see Section 9). We will provide all necessary credentials, exports, and access transfers upon request.

9. Intellectual Property

We retain ownership of our 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 our pre-existing or general-use intellectual property to the client.

The client retains ownership of all content it provides and grants us a non-exclusive license to use that content solely for the purpose of delivering the contracted services.

10. Confidentiality

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.

11. Protected Health Information

We do not create, receive, maintain, or transmit Protected Health Information (PHI) on a client’s behalf, and do not accept work that would require us to. Where a client is a covered entity, clinical or PHI-bearing intake remains in the client’s own EHR, scheduling platform, or other system the client operates under its own agreement with that vendor.

We do not execute Business Associate Agreements. Nothing in these Terms, a proposal, or any other document of ours should be read as one.

Whether we are a business associate of a given client under 45 CFR 160.103 is a determination for the client and the client’s counsel, made against the client’s own workflows. We do not make that determination on the client’s behalf and render no opinion on it. The client is responsible for its own HIPAA compliance program.

11a. Data Processing

Where we process personal information on the client’s behalf in performing the services, we do so solely for the business purposes stated in the signed proposal. We will not sell or share that personal information as those terms are defined by the California Consumer Privacy Act, will not retain, use, or disclose it outside the direct business relationship or for any purpose other than performing the services, and will not combine it with personal information received from any other source except as permitted for a service provider. We certify that we understand these restrictions and will comply with them. Our sub-processors are available on request at the email address in Section 23. Each party is responsible for its own compliance with applicable privacy law as to the data it controls.

12. Acceptable Use

The client agrees not to use our services to:

• Engage in any activity that violates applicable law, including the licensing and advertising rules that apply to the client’s trade
• Publish defamatory, fraudulent, or misleading content
• Send unsolicited bulk communications (spam) using systems we build or host
• Violate the privacy or rights of any third party
• Distribute malware, attempt to compromise the security of any system, or interfere with the proper operation of infrastructure we build or operate

We reserve the right to suspend services if, in our reasonable judgment, the client has materially violated this section.

Messaging consent

Where the engagement includes an automated reply, a follow-up sequence, review requests, or an AI agent that sends texts or email or places calls, those messages and calls are sent on the client’s behalf, in the client’s name, from the messaging account identified in the signed proposal, whether the client’s own or one we operate for the client, to numbers and addresses the client’s own forms and records supply. The client is responsible for the lawfulness of the underlying consent, including under the Telephone Consumer Protection Act, the Florida Telephone Solicitation Act, and the CAN-SPAM Act, and including for any call that uses an artificial or AI-generated voice, and for the accuracy and provenance of any list it provides for import. We configure the consent capture, the opt-out handling, and the records that evidence consent as part of the build, and will not send to, or import, a list for which the client cannot evidence consent. As between us and the client, the client is the sender of each message and the business whose services it promotes. Where we operate the messaging account, we act as the client’s service provider: we send only to the client’s leads and customers, only the messages the signed proposal describes, and only on the client’s instructions. Every email names the client in its From line, every marketing email, including follow-ups, nurture emails and review requests, carries the client’s postal address and a working unsubscribe link, every text identifies the client and honors STOP and any other reasonable request to stop, and every call that uses an artificial or AI-generated voice states the client’s registered business name at its start and a number the called party can call, and offers the opt-out the Federal Communications Commission’s rules require when the call is telemarketing (47 CFR 64.1200(b)). We do not warrant that any message, list, or sending practice complies with law.

13. Disclaimers

Except for the commitments in Section 5 (Build-Right, Ship-Date, Ownership and Portability, and the Stop Rule), we provide services “as is” and “as available.” We disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that services will be uninterrupted, error-free, or free of vulnerabilities, except to the extent specifically committed in the signed proposal.

14. Limitation of Liability

To the maximum extent permitted by law, our 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 us in the 12 months preceding the event giving rise to the claim.

In no event will we 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.

15. Indemnification

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 business.

16. Termination

Either party may terminate the engagement for material breach if the breach is not cured within 30 days of written notice. We may suspend or terminate services immediately for non-payment beyond 30 days past due, or for material violation of Section 12 (Acceptable Use). Section 7 governs termination of monthly services, including any minimum term and the Performance Exit, and controls over this Section to the extent they conflict.

Sections that by their nature should survive termination (including ownership, confidentiality, intellectual property, indemnification, limitation of liability, governing law, and dispute resolution) survive termination.

17. Governing Law & Venue

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.

18. Dispute Resolution: Arbitration

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.

19. Force Majeure

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 commitment timeline in Section 5, including the ship-date window, will be tolled for the duration of the event, the Build-Right obligation is suspended for that duration rather than expiring, and both parties will use reasonable efforts to mitigate the impact and resume performance as soon as practicable.

20. Changes to These Terms

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, and for each systems audit purchase, the Terms in effect at the time of engagement acceptance or purchase govern that engagement or audit unless both parties agree in writing to apply revised Terms.

21. Miscellaneous

Entire Agreement. These Terms, together with any signed 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 our prior written consent. We may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all assets.

22. Text Messages

We do not send text messages to people who contact us through this site. If we start, this Section will describe the program, how to opt in, how often we send, what it costs, and how to opt out (reply STOP) before any message is sent. Texts sent to a client’s leads and customers, whether by the client’s own system or by a messaging account we operate for the client, are sent in the client’s name and are covered by Section 12.

23. Contact

Questions about these Terms? Email us at legal@brevardbooked.com. Notices under these Terms, including cancellation and any written request under Section 3a, are given by email to that address and take effect when received. We send notices to the email address on your order or proposal. Legal process may be served on our registered agent on file with the Florida Division of Corporations.