Terms of Service

These Terms of Service ("Terms") govern your access to and use of the websites, software platforms, and related services (collectively, the "Services") operated by Scale Social LLC ("Scale Social", "we", "us"). By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

1. The Services

Scale Social provides business software for companies operating in the creator economy, including workflow and relationship management tools, automation features, and analytics. Specific features, service levels, and pricing are set out in the applicable order form, subscription plan, or separate agreement between you and Scale Social.

2. Eligibility and accounts

The Services are intended for business use by persons aged 18 or older. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use of your account.

3. Acceptable use

You agree not to:

• use the Services in violation of any applicable law or regulation;
• use the Services to infringe the rights of any third party, including intellectual property and privacy rights;
• interfere with or disrupt the integrity or performance of the Services, or attempt to gain unauthorized access to them;
• resell, sublicense, or make the Services available to third parties except as expressly permitted by your agreement with us;
• upload or transmit malicious code, or use the Services to send unsolicited communications in violation of applicable law.

We may suspend or terminate access to the Services for material breach of this section.

4. Customer content

You retain all rights to the data and content you submit to the Services ("Customer Content"). You grant Scale Social a limited license to host, process, and display Customer Content solely as necessary to provide the Services. You are responsible for ensuring that you have all rights and consents required to submit Customer Content and that it complies with applicable law.

5. Intellectual property

The Services, including all software, design, and content provided by Scale Social (excluding Customer Content), are and remain the exclusive property of Scale Social and its licensors. No rights are granted to you other than as expressly set forth in these Terms.

6. Fees and payment

Paid Services are billed as set out in the applicable order form or subscription plan. Unless otherwise stated, fees are non-refundable except where required by law. We may change pricing with reasonable advance notice, effective at the start of the next billing period.

7. Confidentiality

Each party agrees to protect the other party's confidential information with at least the same degree of care it uses to protect its own confidential information, and not to use or disclose it except as necessary to perform under these Terms or as required by law.

8. Disclaimers

The Services are provided "as is" and "as available". To the maximum extent permitted by law, Scale Social disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error-free.

9. Limitation of liability

To the maximum extent permitted by law, in no event will Scale Social be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data, arising out of or in connection with the Services. Our aggregate liability under these Terms will not exceed the amounts paid by you to Scale Social for the Services in the twelve months preceding the event giving rise to the claim.

10. Termination

You may stop using the Services at any time. We may suspend or terminate the Services for material breach of these Terms that remains uncured after reasonable notice. Upon termination, your right to use the Services ceases; sections that by their nature should survive (including Sections 5, 7, 8, 9, and 12) will survive.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by posting the updated Terms on this page with a revised effective date. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

12. Governing law

These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict of laws principles. The courts located in New Mexico will have exclusive jurisdiction over any dispute arising out of these Terms, and each party consents to personal jurisdiction there.

13. Contact

Scale Social LLC
412 West 7th Street, Clovis, NM 88101, United States
hejiangxia@scale-social.com