Terms of Service
Last updated: 2026-08-25
These Terms of Service ("Terms") govern your use of www.commissionscaling.com and any services provided by Commission Scaling LLC ("Commission Scaling," "we," "us"). By using the Site, submitting a form, booking a call, or purchasing a program, you agree to these Terms.
1. Who we are and what we are not
Commission Scaling is a marketing, lead generation, appointment setting, and software services company. We are not an insurance company, insurance agency, or licensed insurance producer. We do not sell, solicit, or negotiate insurance, and we do not provide insurance, legal, tax, or investment advice. All insurance transactions are conducted solely by you, the licensed client, under your own licenses and carrier appointments.
2. Eligibility
Our services are offered only to businesses and licensed insurance professionals, not to consumers. You represent that you are at least 18, hold all licenses and carrier appointments required in every state where you will contact leads we deliver, and will maintain them for the duration of your term.
3. Programs, terms, and payment
- Programs are offered in tiers. The specific deliverables, volumes, and fees for your program are set out in your order form or service agreement, which is incorporated into these Terms.
- All fees are prepaid. We do not carry advertising float on your behalf.
- Program terms are four (4) months unless your order form states otherwise. Split payment schedules may be available at our discretion; a split schedule does not shorten the term.
- Fees are non-refundable once lead generation or campaign build has commenced, because the spend and production behind them are non-recoverable. Nothing in this section limits any right you have under applicable law.
- Where a program is billed per shown appointment, the Commission Scaling CRM is the system of record for determining whether an appointment was shown. Use of the CRM is a condition of that billing model.
- Failed or reversed payments may result in immediate suspension of lead delivery and CRM access.
4. Lead exclusivity and delivery
Leads delivered to you are exclusive: we will not deliver the same lead to another client. We do not warrant that a lead has not independently contacted, or been contacted by, another company outside our control. We make no representation as to the quality, intent, financial qualification, insurability, or responsiveness of any individual lead.
5. Your compliance obligations
This section is material. Once a lead is delivered to you, you are the controller of that data and you are responsible for your own compliance. You agree that you will:
- Comply with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CAN-SPAM, state mini-TCPA and telemarketing statutes, state insurance advertising and suitability regulations, and all applicable privacy laws.
- Honor opt-out, STOP, and do-not-call requests promptly and maintain your own internal suppression list.
- Not use leads for any purpose other than offering the insurance products contemplated by your program, and not resell, rent, share, or transfer leads to any third party.
- Not make misleading, unapproved, or unsubstantiated statements about products, carriers, returns, or guarantees.
- Maintain the licenses and appointments required in each state where you contact a lead.
Consent records we provide reflect the consent the consumer gave to Commission Scaling. They are supplied as a record and are not a legal opinion or a warranty that any particular contact you initiate is lawful.
6. No guarantee of results
We do not guarantee any number of appointments held, applications submitted, policies placed, commission earned, or return on investment. Insurance sales outcomes depend on your licensing, products, pricing, sales skill, follow-up speed, and market conditions, none of which we control. See our Earnings Disclaimer, which is incorporated into these Terms.
7. Advertising accounts and platform risk
Campaigns for Base and Standard programs run in Commission Scaling's advertising accounts. Advertising platforms may reject, restrict, or remove campaigns at their sole discretion. We are not liable for platform-initiated account restrictions, ad disapprovals, or policy changes. Where you provide creative, claims, or brand assets, you warrant you have the right to use them and that they comply with platform policy and insurance advertising rules.
8. Software and license
We grant you a limited, non-exclusive, non-transferable, revocable license to access the Commission Scaling CRM during your paid term, solely for your internal business use. You may not resell, sublicense, white-label, reverse engineer, or provide access to competitors. Access ends when your term ends; export your data before that date.
9. Intellectual property
All Site content, campaign creative, funnels, automations, scripts, training materials, and software remain the property of Commission Scaling. Materials provided during your term are licensed for your use during the term only and may not be redistributed.
10. Confidentiality
Each party will protect the other's non-public business information with at least reasonable care and use it only to perform under these Terms.
11. Disclaimer of warranties
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMMISSION SCALING WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST COMMISSIONS, OR LOST BUSINESS OPPORTUNITY. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Indemnification
You will indemnify, defend, and hold harmless Commission Scaling and its officers, members, and contractors from any claim, demand, regulatory action, fine, or expense (including reasonable attorneys' fees) arising from your use of leads or the CRM, your communications with consumers, your insurance sales activity, your licensing status, or your breach of these Terms — including any claim brought under the TCPA or a state telemarketing statute relating to contacts you initiated.
14. Termination
We may suspend or terminate your access immediately for non-payment, breach of Section 5, conduct that exposes us to legal or platform risk, or abusive behavior toward our staff. Sections 5, 6, and 9 through 16 survive termination.
15. Dispute resolution and arbitration
These Terms are governed by the laws of the State of Florida without regard to conflict-of-law rules. Any dispute will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in the State of Florida. Each party waives any right to a jury trial and to participate in a class or representative action. Either party may bring an individual claim in small claims court. This section does not prevent either party from seeking injunctive relief for misuse of intellectual property or confidential information.
16. General
These Terms, together with your order form, the Privacy Policy, and the Earnings Disclaimer, are the entire agreement. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent. We may update these Terms by posting a revised version with a new effective date; continued use constitutes acceptance.
17. Contact
Commission Scaling LLC · 7901 4th St N Ste 300, St. Petersburg, FL 33702 · info@commissionscaling.com