Scale Product Terms

Last updated: February 29, 2024 (view prior version here)

The terms below (“Product Terms”) govern your use of the applicable Services and are incorporated in the Scale Main Services Agreement (the “Agreement”). Capitalized terms used in these Product Terms but not defined below are defined in the Agreement. Scale may modify these Product Terms periodically. If an update will materially affect Customer's use of the Services, Scale will notify Customer prior to the update's effective date (except for changes due to legal or regulatory reasons which may be effective immediately). Otherwise, updates will be effective as of the date posted on this website.

1. Scale Model Services. The following terms apply to Customer’s use of Scale Spellbook, Scale Forge, Scale InstantML, Scale GenAI Platform, and any other service to which Customer may input Customer Materials to a machine learning model hosted by Scale (collectively, “Scale Model Services”):

a. Use of Scale Model Services. Customer may input Customer Materials into the Scale Model Services and receive Output. Customer understands that other users may input similar materials and data into the Scale Model Services and receive similar output, and such output is not Customer’s Output. 

b. Downloadable Models. Some Scale Model Services may allow Customer to download a machine learning model that has been fine-tuned through the Scale Model Services with Customer Materials based on a Base Model (such downloaded model a “Fine-Tuned Model”). Fine-Tuned Models are Output, and Customer will own the Fine-Tuned Model, subject to Scale’s rights in, and Third-Party Material Restrictions on, the Base Model. Except for the rights expressly granted, and subject to Third-Party Material Restrictions, Scale owns and reserves all right, title, and interest in and to the Base Models. “Base Model” means a machine learning model which Scale has pre-trained, and may be based on Third-Party Models or proprietary Scale models. 

c. Trial Access to Scale Model Services. Customer may receive access to Scale Model Services on a trial or evaluation basis (“Trial Access”). Customer will not use Trial Access for commercial or production purposes and will not disclose to a third party any Output obtained from Trial Access. Customer acknowledges that Scale may terminate Customer’s Trial Access at any time.

d. Scale Spellbook Pay as You Go Tier. When using the pay as you go tier of Scale Spellbook, Customer (i) agrees and instructs that Scale may publicly display and distribute the Customer Materials Customer inputs into, the Output Customer receives from, and the Customer Applications Customer creates using Scale Spellbook, and (ii) agrees other users of Scale Spellbook may use the Customer Materials Customer inputs into, the Output Customer receives from, and the Customer Applications Customer creates using Scale Spellbook for any purpose, including commercial use. Customer may remove Customer Materials, Output, and Customer Applications from Scale Spellbook at any time. Scale does not have any obligation to monitor Customer Materials, Output, or Customer Application on Scale Spellbook, but Customer acknowledges and agrees that Scale reserves the right to, and may from time to time, monitor any and all information transmitted or received through Scale Spellbook for operational or other purposes, and may remove any content that does not comply with Scale’s terms or policies.

2. Scale Rapid. The following terms apply to Customer’s use of Scale Rapid, and any other service to which Customer may order Tasks (as defined below) on demand (collectively, “Scale Rapid Services”): 

a. Use of Scale Rapid Services. Customers may submit labeling and annotation tasks based on Customer Materials (“Tasks”) to be completed by Remote Workers. Scale cannot control the quality of Output for Tasks, and is not responsible for the actions of Remote Workers performing Tasks. Customer agrees to accurately describe and provide instructions for Tasks. 

b. Use Restrictions. In addition to the use restrictions on all Services in the Agreement, Customer may not (and will not allow any End User or third party to):

• • collect personally identifiable information from, or attempt to derive personally identifiable information about, Remote Workers without appropriate consent,
  • use Remote Workers to try to generate click-through traffic, or
  • use Remote Workers to promote a site, service, or opinion (e.g. don’t ask Remote Workers to write fake reviews).

3. Scale Studio. The following terms apply to Customer’s use of Scale Studio, and any other service which Customer can use Scale technology to label and annotate Customer Materials (collectively, “Scale Studio Services”): 

a. Definitions.

• • “Studio Output” means Output created by Customer’s End Users using the Scale Studio Services. 

b. Use of Scale Studio Services. Customer’s End Users may label and annotate Customer Materials using the tools provided through Scale Studio to create Studio Output. Scale cannot control the quality of Studio Output and is not responsible for the actions of Customer’s End Users creating the Studio Output.  

c. Studio Output. Customer will own Studio Output. Customer represents and warrants that (i) it has the necessary rights, licenses, and permissions to create the Studio Output, (ii) that the use of Studio Output will not violate or infringe the rights of any third party, and (iii) Studio Output will comply with the Acceptable Use Policy. 

4. Scale Nucleus. The following terms apply to Customer’s use of Scale Nucleus, and any other service with which customer can manage data (collectively, “Scale Nucleus Services”): 

a. Use of Scale Nucleus Services. Customer may (a) submit Customer Materials, including unlabeled data, metadata, and model predictions, and Output to Scale Nucleus, (b) create new materials, including labels, and add metadata, within Scale Nucleus (“Customer Content”), and (c) export Customer Materials, Output, and Customer Content from Scale Nucleus.

b. Customer Content. Customer will own Customer Content. Customer represents and warrants that (i) it has the necessary rights, licenses, and permissions to create the Customer Content, (ii) the use of Customer Content will not violate or infringe the rights of any third party, and (iii) Customer Content will comply with the Acceptable Use Policy. Customer agrees and instructs that Scale may use the Customer Content in order to provide and support the Services.