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.
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 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 email@example.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.
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 firstname.lastname@example.org.
Scale has self-certified to the EU-U.S. and Swiss-U.S. Privacy Shield. For more information, see our Privacy Shield Notice.
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 email@example.com.
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”).
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 firstname.lastname@example.org. 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.