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Terms of Use & Privacy Policy

Terms of Use

Last Updated: October 18, 2016

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”).

Terms

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.

Use License

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.

Disclaimer

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.

Limitations

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.

REVISIONS AND ERRATA

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.

INDEMNITY

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.

Terms of Use Modifications

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.

Governing Law

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.

API Terms

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:

  • You expressly understand and agree that Scale Labs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Scale Labs has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
  • Abuse or excessively frequent requests to Scale Labs via the API may result in the temporary or permanent suspension of your account’s access to the API. Scale Labs, in its sole discretion, will determine abuse or excessive usage of the API. Scale Labs will make a reasonable attempt via email to warn the account owner prior to suspension.
  • Scale Labs reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Fraudulent Activity

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 Product and Customer Materials

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.

Publicity

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 Privacy Policy

Effective Date: May 8, 2019

Scale Labs, 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 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.

Information We Collect From You and Why

We collect and use the following information to provide, improve, promote, and protect the Services:

  • When you register with us through the Services to become a Scale User, we will ask you for information relating to an identified or identifiable natural person (“Personal Data”). We may request you to provide Personal Data such as your name and email address. We collect information, including Personal Data, that you submit to the Services. We use your Personal Data to provide the Services to you and our Customer and to administer your inquiries.
  • We also collect Personal Data that: (a) the Customer has provided to the Services directly or (b) that the Customer has provided to the Services indirectly through a third-party service (e.g., GSuite, Zendesk, etc.). We may use this information to provide the Services to you and our Customer.
  • If you express interest in obtaining information about our Services, sign up for an event or webinar, provide our business partners with your information, or download certain content, we may require you to provide us with Personal Data such as your name, email address, address, phone number, title, company name, and other information. We use this information to promote the Services to you with Scale newsletters, marketing, or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.
  • We may collect information from you in surveys that we may conduct in order to improve the Services.
  • We may accept financial and billing information in order to process your payment for use of the Services.

What Information We Collect From Devices and Usage and Why

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.

  • When you use the Services, we may collect information about the devices you use to access the Services, including IP address, browser or device type, operating system, the website you visited before the Services, and identifiers of your devices. We use this information to provide, improve, and protect the Services.
  • When you interact with our Services, we collect information about how you use the Services, including tracking Users’ activity in our Services. We use this information to provide and improve the Services, and to protect the Services.
  • We use cookies, tracking pixels, and similar technologies by working with our trusted third-party service providers, including Google Analytics, to provide, improve, protect, and promote our Services. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We use cookies for two purposes. First, we utilize persistent cookies to save your username and password for future logins to the Services. Second, we utilize session ID cookies to enable certain features of the Services, to better understand how you interact with the Services and to monitor aggregate usage by visitors and Users and web traffic routing on the Services. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Services and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Services. A tracking pixel is a unique identifier embedded in a website, online advertisement, or email. We use tracking pixels to understand how you interact with our websites and emails and helps us and our advertising service providers better promote our Services. We also use HTML5 local storage objects (“HTML5 LSOs”) or Flash local storage objects (“Flash Cookies”) to store content information and preferences. Our website does not respond to Do Not Track signals.

Your Choices

You also have choices with respect to technologies we use to automatically collect information as described below:

  • To find out more about how Google uses information when you visit a website that uses Google Analytics, please visit: https://policies.google.com/technologies/partner-sites.
  • For more information about cookies and how to disable them, please visit www.allaboutcookies.org. You may also find more information about how to control cookies and opt out of receiving tailored advertising from the Network Advertising Initiative’s Consumer Opt-Out or the Digital Advertising Alliance’s Consumer Opt-Out. You are responsible for choices you make regarding these mechanisms.
  • To learn how to manage privacy and storage settings for Flash Cookies, please visit the Macromedia site.
  • HTML5 LSOs can be managed using browser tools and settings.

How We Use Information

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.

Information Sharing and Disclosure

We use your Personal Data as described below, but we don’t sell it to advertisers or other third parties.

  • If your User account was provisioned by a Customer, your administrator (“Admin”) may have access and control over the information associated with your account. The Customer may have its own policies governing access and use of information in your User account.
  • Depending on a Customer’s settings and your choices, we will share certain information with other Users that are part of a Customer account.
  • Scale uses certain trusted third-party service providers to help us provide, improve, protect, and promote our Services. These third parties may have access to your Personal Data to perform services on our behalf and in compliance with this Privacy Policy.
  • You or your Admin may provide a third-party service (e.g., a single sign-on service) with access to your information. The use of such information by a third-party service will be governed by the third-party service’s privacy policy.
  • We may share your information, including Personal Data, with Scale’s affiliates to provide, improve, protect, and promote the Services, or communicate with you.
  • We may disclose your information to third parties if we determine such disclosure is reasonably necessary to: (a) comply with applicable law, regulation, legal process, or government request, (b) protect any person from death or serious bodily injury, © prevent fraud, abuse, or security issue of Scale or other users, and (d) to protect Scale’s or its licensors’ rights, property, safety, or interest.
  • We may also disclose or share your Personal Data with your consent.

Business Transfers

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.

Data Modification, Deletion, and Retention

You may have the right to access, review, correct, amend, restrict, delete, opt-out of, or object to our use of the Personal Data provided to Scale by contacting us at [email protected]. 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, the Customer is a “data controller” of your information, and if you seek to correct, amend, or delete data associated with your account, you should direct your requests to the Customer.

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.

Security

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.

International Transfer

Information that we collect from you, will be transferred to, stored at, 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 [email protected]

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.

Our Policy on Children

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 protected].

Modification of Privacy Policy

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.

Contacting Us

If you have questions about this Privacy Policy, please contact us at [email protected]