1. Acceptance of terms
These Terms of Service ("Terms") form a binding agreement between you and Scale, a Ventureship company ("Scale", "we", "us" or "our"), governing your access to and use of Scale Apps at scaleai.markets and related products, services and websites (the "Services"). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
This document should be read together with our Terms of Service, Privacy Policy, Cookie Policy and Acceptable Use Policy, which together govern your use of Scale Apps. Specific products, plans or licenses may be subject to additional terms or an order form, which will control in the event of a conflict with these Terms.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, and able to form a binding contract to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.
3. Accounts
Access to certain features requires an account, including through Ventureship single sign-on. You agree to provide accurate information, keep it current, safeguard your credentials and notify us promptly of any unauthorized use. You are responsible for all activity under your account.
4. Use of the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business or personal purposes. Your use must comply with our Acceptable Use Policy and all applicable laws. We may modify, suspend or discontinue any part of the Services at any time.
5. Fees, billing and payment
Certain products are offered for a fee under pricing models that may include pay-per-usage, revenue share and custom pricing such as subscriptions, retainers and one-time engagements. Applicable fees and payment terms are presented at activation, in an order form or on your invoice.
- You agree to pay all fees when due, together with applicable taxes.
- Invoices are issued to the billing contact associated with your account.
- Unless otherwise stated, fees are non-refundable except as required by law.
- Unpaid or overdue balances may lead to suspension of access to the Services until the account is brought current.
- We may change pricing with reasonable advance notice; changes apply from your next billing period unless otherwise agreed.
6. Partner programs
Participation in the Enterprise Plan License, MIPL & Ventureship Licensing or the affiliate program is subject to separate agreements. Nothing in these Terms grants any right to resell, license, white-label or represent Scale or Ventureship except as expressly set out in such an agreement.
7. Intellectual property
The Services, including all software, content, designs, trademarks and logos, are owned by Scale, Ventureship or their licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.
You retain ownership of content you submit to the Services. You grant us a worldwide, non-exclusive, royalty-free license to use that content solely to provide and improve the Services. If you send us feedback, we may use it without obligation to you.
8. Third-party products and links
The Services may include or link to third-party websites, products or content. These are provided for convenience and may be subject to their own terms. We are not responsible for third-party products or content and do not endorse them unless expressly stated.
9. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, fail to pay amounts due, create risk or legal exposure for us or others, or where required by law. Sections that by their nature should survive termination will survive, including those on fees owed, intellectual property, disclaimers, limitation of liability, indemnity and governing law.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY RESULTS OR OUTPUTS WILL BE ACCURATE OR MEET YOUR REQUIREMENTS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALE, VENTURESHIP AND THEIR AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED US DOLLARS (US$100).
12. Indemnification
You agree to defend, indemnify and hold harmless Scale, Ventureship and their affiliates, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the Services, your content, or your violation of these Terms or applicable law.
13. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of those courts.
14. Changes to these Terms
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above, and where changes are material we will provide reasonable notice. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
15. General
These Terms, together with the policies referenced above and any applicable order form or agreement, are the entire agreement between you and Scale regarding the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.
16. Contact
Questions about these Terms can be sent to legal@scaleai.markets. For general inquiries, contact hello@scaleai.markets.