Thanks for using Scale! These terms of service govern your access to and use of Scale Labs’ websites and services, so please read everything carefully. This page explains the terms by which you may use our website, scale.com and any of our other mobile or web services or applications that we make generally available to our customers (collectively with the Scale Site, “Scale”), and that you have read, understood, and agree to be bound by these Terms of Service and the associated Privacy Policy (collectively the “Terms” or the “Agreement”).
These Terms of Service are a contract between you and Scale Labs, Inc., a Delaware corporation. Scale Labs operates scale.com (“Scale Site”). By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using are accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Scale Labs hereby grants you a non-exclusive, non-transferable, worldwide right to access and use Scale, solely with supported browsers through the Internet for your own internal purposes, subject to the Terms of Service. You may not permit Scale to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use Scale. All rights not expressly granted to you are reserved by Scale Labs and its licensors. You shall not (i) modify or make derivative works based upon Scale; (ii) reverse engineer or access Scale in order to (a) build a competitive product or service, (b) build a product using similar features, functions, or graphics of Scale, or © copy any features, functions, or graphics of Scale. You further acknowledge and agree that, as between the parties, Scale Labs owns all right, title, and interest in and to Scale, including all intellectual property rights therein.
The materials on Scale Labs’ web site are provided “as is”. Scale Labs makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Scale Labs does not warrant or make any representations concerning the accuracy, likely results, or reliability of the user of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Scale Labs or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Scale Labs’ Internet site, even if Scale Labs or a Scale Labs authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials that appear on Scale Labs’ website could include technical, typographical, or photographic errors. Scale Labs does not warrant that any of the materials on its website are accurate, complete, or current. Scale Labs may make changes to the materials contained on its website at any time without notice. Scale Labs does not, however, make any commitment to update the materials.
You agree to defend, hold harmless and indemnify Scale Labs from and against any and all losses, costs, expenses, damages or other liabilities incurred by Scale Labs arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against Scale Labs: (a) in connection with your use of Scale including any payment obligations incurred through use of Scale; or (b) resulting from: (i) your use of Scale; (ii) your decision to supply profile or payment information via Scale; (iii) any breach of contract or other claims made by Scalers with which you conducted business through Scale; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through Scale; (viii) any act or omission of yours with respect to the payment of fees to any Scaler; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Scaler. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and © allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Scale Labs may revise these Terms and Conditions of Use at any time without notice; provided that, if we make any material changes to these Terms and Conditions of Use, we will use commercially reasonable efforts to notify you. By continuing to use Scale, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Any claim relating to Scale Labs’ web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.
Any use of the API (Application Program Interface), including use of the API through a third-party product that accesses Scale, is bound by these Terms of Service plus the following specific terms:
Use of Scale, including but not limited to any applications that use Scale or APIs, prohibits using Scale for fraudulent account creation or other malicious purposes, including but not limited to creating and distributing spam emails, spam tweets, or other “spammy” electronic communication. Scale Labs reserves the right to filter and or block such activity, and if necessary, to remove any account that has engaged in these and similarly malicious activities. Individuals wishing to work within Scale are authorized to create one account on Scale.
Work produced by Scalers on behalf of clients is carried out as work-for-hire on behalf of these clients and ownership over the work product remains with the client. Unless requested otherwise, you, as a customer, grant Scale Labs an unlimited license to use the work product for internal worker training and education, internal product evaluation, testing and any other purposes. You may provide to Scale Labs pursuant to this Agreement certain proprietary materials and information (as you determine in your discretion) for use in connection with the development of the work product (collectively, “Customer Materials”). Subject to the terms hereof, you hereby grants to Scale Labs: (a) a royalty-free, fully paid-up, worldwide, non-transferable (except as set forth below), nonexclusive license during the term to use the Customer Materials in order to provide Scale and provide the work product; and (b) a royalty-free, fully paid-up, worldwide, non-transferable (except as set forth below), perpetual, irrevocable, nonexclusive license to use the Customer Materials in order to operate, analyze, and improve Scale, including the creation of anonymized and/or aggregated data derived from such Customer Materials. If Scale Labs shares or publicly discloses information (e.g., in marketing materials or in application development) that is derived from Customer Materials, such data will be aggregated or anonymized to reasonably avoid identification of you. By way of example and without limitation, Scale Labs may: (a) track the number of users and uses of Scale on an anonymized aggregate basis as part of Scale Labs’ marketing efforts to publicize the total usage of Scale; (b) analyze usage patterns for product development efforts; and © use anonymized and/or aggregated data derived from Customer Materials to develop further analytic frameworks and application tools. you further agree that Scale Labs will have the right, both during and after the term, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized and/or aggregated data. Customer expressly retains all right, title and interest in and to the Customer Materials, including all intellectual property rights therein.
By using Scale or any portion thereof, including but not limited to our API, you hereby grant us a fully paid-up, royalty-free, nonexclusive, worldwide right and license to use your trademarks, logos, and trade names for the sole purpose of referring to you as a customer and/or user of Scale on the Scale Site and our other marketing and promotional materials, or as otherwise mutually agreed between you and Scale Labs.
Scale AI, Inc. (“Scale”, “we”, or “us”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of information we receive from users of our website (such as www.scale.com) and our products, services, and applications (collectively, the “Services”), or when you attend a Scale event or otherwise interact with us. This Privacy Policy applies to visitors of our websites and individuals registered for our Services (“Users”, “you”, or “your”), including Users who are provisioned an account by our customers (“Customers”). Your privacy is important to us. Please read this policy carefully to understand how we will collect, use, and disclose your information, and what choices you have with respect to your information.
We collect and use the following information to provide, improve, promote, and protect the Services:
We use typical tools and services, such as log files, cookies, pixel tags, and similar technologies to automatically collect information, which may contain personal data, from your devices while you navigate our Services or interact with emails we sent to you.
You also have choices with respect to technologies we use to automatically collect information as described below:
We collect and use the personal data described above in order to provide, improve, promote, and protect the Services, and to develop new products and services. We also collect and use personal data for our legitimate business needs. To the extent we process your personal data for other purposes, we or our trusted third-party service providers will ask for your consent. We may aggregate or de-identify information submitted to or collected by use of the Services so that the information does not identify you or Customer. This Privacy Policy does not restrict our use or disclosure of aggregated or de-identified information that complies with applicable law.
We use and share your personal data as described below, but we don’t sell it to advertisers or other third parties.
Scale may sell, transfer or otherwise share some or all of its assets, including your personal data, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.
You may have the right to access, review, correct, amend, transfer, restrict, delete, opt-out of, or object to our use of the personal data provided to Scale by contacting us at privacy@scaleapi.com. We may request specific information from you to help us confirm your identity and process your request. If your User account was provisioned by a Customer,and if you seek to correct, amend, or delete data associated with your account, you should direct your requests to the Customer’s Admin.
We will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
Scale is concerned with safeguarding your information. Scale employs reasonable physical, technological, and administrative security measures. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security.
Information that we collect from you, will be transferred to, stored, and processed by us, our affiliates, and other third parties in countries outside the European Economic Area, including, but not limited to, the United States and other countries, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world.
For transfers of personal data from the European Economic Area and Switzerland to third countries, we will transfer personal data according to the requirements of EU data protection legislation, including by entering into European Commission Model Contracts or ensuring a third party’s participation in the EU-US or Swiss-US Privacy Shield Frameworks. Customers transferring personal data from the European Economic Area can reach out to Scale for a copy of its Data Processing Addendum by contacting us at privacy@scaleapi.com.
Scale has self-certified to the EU-U.S. and Swiss-U.S. Privacy Shield. For more information, see our Privacy Shield Notice.
Our Services may contain links to, or interoperate with third-party services. When you click on a link to any other website or location, when you or the Customer provides a third-party service with access to information in your account, such third-party may then collect or access information from you or Customer. The use of such information, including personal data, by the third-party service will be governed by the third-party service’s privacy policy. We have no control over, do not review, and cannot be responsible for, these third-party services. We encourage you to read the privacy policies of every website you visit and every third-party service you use.
The Services are not directed to individuals under 13, or a higher age depending on your jurisdiction (“Required Age”). If Scale becomes aware that a child under the Required Age has submitted information to us, we will delete the information. If you believe that we may have any information from a child under the Required Age, please contact us at privacy@scaleapi.com.
Scale may modify this Privacy Policy from time to time. The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the website. Your use of the Services following these changes means that you accept the revised Privacy Policy.
If you have questions about this Privacy Policy, please contact us at privacy@scaleapi.com.
Scale AI, Inc. (“Scale”, “we”, or “us”) complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. . Scale has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. . If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles will govern. . To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
Scope. Our certification of adherence to the Privacy Shield Principles applies to the personal data (a) we collect from customers and visitors of our website (“Scale User Data”) and (b) that we process on behalf of our customers under an agreement (“Scale Services Data”).
Data Processed. The Scale User Data that we collect, use, and share is described in our Privacy Policy. We process Scale Services Data as instructed by our customers.
Purpose of Data Processing. The purposes for which we collect, use, and share Scale User Data are described in our Privacy Policy. We process Scale Services Data as instructed by our customers and in response to contractual commitments.
Third Parties Who Receive Personal Data. We share Scale User Data as described in our Privacy Policy. We may share Scale Services Data with the following third parties in accordance with our agreements with Customers.
Rights to Access, Limit Use, or Limit Disclosure. We will handle requests to access, correct, amend, or delete Scale User Data in accordance with our Privacy Policy. Scale does not have relationships with individuals whose personal data is contained in Scale Services Data submitted by a Customer. An individual who seeks to access, correct, or delete personal data provided to us as Scale Services Data by one of our Customers should direct their request to the Customer. With our Privacy Shield self-certification, we have committed to respect those rights. We will help our Customer fulfill your request in accordance with our Customer’s instructions.
Disputes. JAMS is the US-based independent organization responsible for reviewing and resolving complaints about our Privacy Shield compliance - free of charge to you. Please first submit any such complaints directly to us via privacy@scaleapi.com. If you aren’t satisfied with our response, please contact JAMS at www.jamsadr.com/eu-us-privacy-shield. In the event your concern isn’t addressed by JAMS, you may be entitled to a binding arbitration under Privacy Shield and its principles.
U.S. Federal Trade Commission Enforcement. Scale’s commitment under the Privacy Shield is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. If there is any conflict between this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles will take precedence.