Terms & Conditions

The use of Scalecomm.ai's services, including the services available on this website, is subject to the following terms and conditions. By accessing or using the Scalecomm.ai Site or Services, or posting or accessing any content on the Site or through the Services, you are indicating that you have read, understand, and agree to be bound by these terms. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and promising that you have the authority to bind that entity to these terms. Scalecomm.ai grants you a personal, royalty-free, non-assignable, and non-exclusive license to use the software provided as part of the Services for internal business purposes only, and only in the manner permitted by the Terms. You may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services or the content provided by or on behalf of Scalecomm.ai through the Services, except as permitted by the Terms. You are responsible for maintaining your own internet access, IT infrastructure, and all other technology, communication, social media accounts, and other matters needed in order to access and use the Site or Services.

1. License Granted by Scalecomm.ai

As part of the Services provided to you by Scalecomm.ai, you are given a personal, non-exclusive license to use the software provided by Scalecomm.ai. However, it should be noted that you may only use this software for internal business purposes and as permitted by the Terms. You are not allowed to license, sublicense, sell, transfer, assign, distribute, or commercially exploit the Services or content provided by or on behalf of Scalecomm.ai through the Services in any way, except as permitted by the Terms. You are responsible for maintaining your internet access, IT infrastructure, and other necessary technology, communication, social media accounts, and other matters to access and use the Site or Services.

2. User Accounts / Personal Info

As part of the Services provided to you by Scalecomm.ai, you are given a personal, non-exclusive license to use the software provided by Scalecomm.ai. However, it should be noted that you may only use this software for internal business purposes and as permitted by the Terms. You are not allowed to license, sublicense, sell, transfer, assign, distribute, or commercially exploit the Services or content provided by or on behalf of Scalecomm.ai through the Services in any way, except as permitted by the Terms. You are responsible for maintaining your internet access, IT infrastructure, and other necessary technology, communication, social media accounts, and other matters to access and use the Site or Services.

3. User-Generated Content (Third-Party Reviews)

When you post any user-generated content ("User Content") through the Site and Services, you give Scalecomm.ai a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast, and exploit your User Content only on, through, or by means of the Site and the Services. Scalecomm.ai does not claim ownership of your User Content, and nothing in these Terms limits your rights to use and exploit your User Content.

You acknowledge that you alone are responsible for any User Content you make available through the Site or Services. By posting User Content, you represent and warrant that: (i) you either own all User Content you post or have obtained all necessary rights, licenses, consents, and releases needed to grant Scalecomm.ai the rights to your User Content as set forth in these Terms; and (ii) neither your User Content nor your posting, submission, or transmission of User Content, nor Scalecomm.ai's use of the User Content on, through, or by means of the Site and the Services will violate any third-party's intellectual property rights, publicity or privacy rights, or any other rights or laws.

Scalecomm.ai may, at its sole discretion, remove any or all User Content from the Services. You agree to take down any User Content that violates these Terms, including upon Scalecomm.ai's request. If you do not comply with Scalecomm.ai's request to remove certain User Content, Scalecomm.ai may take down such User Content directly.

4. Third Party Software

The Services incorporate or make the use of certain third party software ("Third Party Software"), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software. Such Third Party Software includes but is not limited to the following software and services and by use of the Services you agree to be bound by the terms of said Third Party Software: Google (https://policies.google.com/terms?hl=en-US), Facebook (https://www.facebook.com/legal/terms), Twitter (https://www.twitter.com/tos), Youtube (https://www.youtube.com/t/terms), Twilio (https://www.twilio.com/legal/tos), LinkedIn (https://www.linkedin.com/legal/user-agreement)

Third Party Services and Materials

As a user of Scalecomm.ai, you may have access to third party services, software, resources, content, documentation, or materials ("Third Party Materials") through the Services. You acknowledge that you are solely responsible for any risks that may arise from your use of these Third Party Materials, and that Scalecomm.ai disclaims any liability for any harm, injuries, or losses that may result from your access to or use of Third Party Materials or User Content via the Services. You also acknowledge that:

• Scalecomm.ai is not responsible for the availability or accuracy of Third Party Materials, or for any products or services available through Third Party Materials
• Scalecomm.ai has no liability for any harm, injuries, or losses you may suffer as a result of using Third Party Materials
• Scalecomm.ai does not endorse or make any promises to remove Third Party Materials from the Services, and your ability to access or link to Third Party Materials does not imply any endorsement by Scalecomm.ai of Third Party Materials or any third party services
• Scalecomm.ai is not responsible or liable for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services

You also agree that you are solely responsible for backing up and making copies of any Third Party Materials that you wish to preserve.

Compliance with 3rd Party Review Site Policies

When using the Scalecomm.ai platform, you agree to adhere to the Terms of Service of all major review sites, including Google, Facebook, Yelp, and others. You agree not to implement any form of review gating, which is the process of selectively asking customers with positive experiences to leave an online review while directing those with negative experiences to a private feedback form. When soliciting reviews using the Scalecomm.ai platform, you agree to provide all recipients with the same options to provide feedback, regardless of their sentiment. This applies to review requests sent via standard review templates, custom email templates, and surveys. You also agree to fully comply with sites like Yelp that prohibit review solicitation, and you will not misuse the Scalecomm.ai platform to bypass review sites' policies. If you attempt to circumvent the Terms of Service of third party review sites, Scalecomm.ai will notify you and allow you 30 days to take corrective action. If you fail to comply within the notice period, your account will be suspended from Scalecomm.ai.

Eligibility of Use

You may not use the Services if you are a person barred from receiving the Services under the laws of UAE or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services are not intended for children under 18.

5. Messaging and Communication Compliance

You are responsible for obtaining explicit consent(s) from any and all third parties (including your customers) to send and receive SMS, emails and/or any other messaging using the Scalecomm.ai Services. Scalecomm.ai shall have the same obligation to obtain third party consent for all parties from which it is directly obtaining their phone number(s). Each party is liable for, and shall indemnify, defend and hold harmless the other party from and against any and all damages, liabilities, judgments, fees, fines, costs and expenses (including reasonable attorneys' fees) incurred by the non-breaching party arising from any claims, demands or legal actions made against it resulting from breach of this Section.

If you submit your mobile telephone number to Scalecomm.ai through a webform or any other method, you expressly consent to receive text messages from Scalecomm.ai to that mobile phone number. You may opt out at any time.

To the extent required by law and as applicable to the parties, the parties shall comply with all applicable laws and regulations, including but not limited to UAE consumer protection laws, privacy laws, and anti-spam laws. You will be solely responsible for complying with any messaging consent obligations in the course of accessing and using the Scalecomm.ai Services.

6. Restrictions on Use

When using the Site, Services, or Scalecomm.ai Content, you agree not to engage in any prohibited activities. These include, but are not limited to, posting or transmitting material that infringes on a third party's intellectual property rights or is fraudulent, false, misleading, defamatory, obscene, vulgar, offensive, or promotes illegal or harmful activities. You may not use any Scalecomm.ai trademark, logo, or proprietary information without express written consent, nor may you attempt to bypass or circumvent any technological measures implemented to protect the Site, Services, or Scalecomm.ai Content. You may not use any non-public areas of the Site or Services, attempt to probe or test vulnerabilities in the Scalecomm.ai system or network, or send unsolicited advertising or promotional materials. Additionally, you may not use the Services for the purpose of posting, publishing, distributing, or transmitting defamatory material or content, nor may you send communications for marketing or promoting non-federally legalized products or services, or if such communications are barred by relevant industry associations.

Scalecomm.ai reserves the right to investigate and prosecute violations of these restrictions, including intellectual property rights infringement and Site and Services security issues, to the fullest extent of the law. Scalecomm.ai may cooperate with law enforcement authorities in prosecuting users who violate these Terms and reserves the right to remove or disable access to any Scalecomm.ai Content and any User Content that violates these Terms or is otherwise harmful to the Site or Services.

7. Fair Use

Scalecomm.ai values the availability and optimal speed of its services for all clients. In order to ensure fair and reasonable use of its resources, including bandwidth, API requests, and storage, Scalecomm.ai has implemented a Fair Use Policy. Fair use is considered as the processing of up to three times the average number of requests or transactions per Location for other Scalecomm.ai clients in the same or similar industry. If Scalecomm.ai determines that a client's use of the Services is in violation of the Fair Use Policy, it may take unilateral action, including limiting access or requests to the Services, or invoicing the client for the excessive use. Enforcement of this policy will not affect the client's obligation to pay fees for the services, and Scalecomm.ai will have no liability for enforcing this policy.

8. Privacy Policy

At Scalecomm.ai, we take the privacy and security of your personal information seriously. Our Privacy Policy, which you can find on our website at https://scalecomm.ai/privacy-policy, governs the collection, use, and storage of your personal information. If your use of our Services requires us to process Personal Data (as defined in the DPA), we will do so in accordance with our Data Processing Addendum.

9. Confidentiality

The confidentiality of information exchanged between Scalecomm.ai and the user is governed by this clause. "Confidential Information" refers to any information provided by one party to the other that is either identified as confidential or proprietary or reasonably appears to be confidential or proprietary. Both parties agree to maintain the confidentiality of each other's confidential information by using the same degree of protection as used for similar proprietary and confidential information. The receiving party will promptly report any breach of this clause to the disclosing party. Confidential information does not include any information that is publicly available, independently developed by the receiving party, or obtained by the receiving party from a third party authorized to make such disclosure.

10. Feedback

Scalecomm.ai welcomes and encourages users to provide feedback, comments, and suggestions for improving the Site and Services. All feedback submitted to Scalecomm.ai will be the sole and exclusive property of Scalecomm.ai. Users assign all rights, title, and interest in and to all feedback, including patent rights, copyright rights, trade secret rights, and other intellectual property rights, to Scalecomm.ai. Users will also take further actions reasonably requested by Scalecomm.ai to assist in acquiring, perfecting, and maintaining intellectual property rights and other legal protections for the feedback.

11. Ownership

The Site, Services, and Scalecomm.ai Content are protected by copyright, trademark, and other laws. Scalecomm.ai and its licensors exclusively own all right, title, and interest in and to the Site, Services, and Scalecomm.ai Content, including associated intellectual property rights. Users are prohibited from removing, altering, or obscuring any copyright, trademark, service mark, or other proprietary rights notices. Scalecomm.ai disclaims any liability concerning third-party materials and claims no ownership interest in them. Scalecomm.ai reserves the right to use data capture, syndication, and analysis tools to extract, compile, synthesize, and analyze any non-personal unidentifiable data or information resulting from user's use of the Site or Services.

12. Trademark

All trademarks, service marks, logos, trade names, and any other proprietary designations of Scalecomm.ai used herein are trademarks or registered trademarks of Scalecomm.ai. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

13. Pricing & Terms of Payment, Billing, Late Payments and Innovation Fees

Please see your Customer Agreement for information regarding pricing and billing for these Services. If you have any questions about Scalecomm.ai's billing policies, please contact Scalecomm.ai at info@scalecomm.ai.

If a customer fails to pay undisputed fees when due, it constitutes a material breach of the Terms. If payment is not made within thirty (30) days of the due date, Scalecomm.ai may, at its sole discretion, charge a late fee on the unpaid balance, suspend access to the services, or pursue other remedies available.

At the time of annual renewal, Scalecomm.ai will apply a 5% fee on all recurring services fees to cover product innovations, enhanced services, and inflation. The Innovation Fee shall apply automatically upon any renewal of this Agreement and apply to all services covered by this Agreement at the time of renewal.

If a customer decides to leverage Scalecomm.ai Payments, they expressly agree to the following terms and conditions: The customer agrees to be bound by Stripe Terms of Service, which may be modified periodically by Stripe in its sole discretion. Scalecomm.ai does not store any payment card information, and all payment transactions processed through Scalecomm.ai Payments are done through a third-party payment processor that is Level 1 PCI DSS compliant. The customer releases Scalecomm.ai from any and all liability or claims related to or arising out of PCI DSS.

14. Warranties

Users of the service are responsible for ensuring that it meets their particular needs, and the company provides no express warranties and disclaims all implied warranties, including those of merchantability, fitness for a particular purpose, and non-infringement. Scalecomm.ai, its subsidiaries and affiliates, and its licensors do not guarantee that the services will meet users' requirements, be uninterrupted, timely, secure, or free from errors, or that usage data provided through the services will be accurate.

15. Indemnification

You agree to protect, indemnify and hold Scalecomm.ai, its officers, directors, employees, consultants, affiliates, subsidiaries, and agents harmless from any claims, liabilities, damages, losses, and expenses, including but not limited to, reasonable legal and accounting fees, arising out of or in any way connected to User Content, your access to or use of the Site, Services, or Scalecomm.ai Content, or your violation of these Terms.

16. Limitation of Liabilities

You expressly understand and agree that Scalecomm.ai, its subsidiaries and affiliates, and its licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, any loss of profit, goodwill, business reputation, data loss, cost of procurement of substitute goods or services, or other intangible loss, regardless of how they are caused or under any theory of liability.

However, some states and jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Scalecomm.ai's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you for the Services in the last three months.

17. Termination

Scalecomm.ai reserves the right to suspend, terminate, or deny access to the Site or Services at any time without limiting any other remedies. Additionally, if Scalecomm.ai suspects or determines, in its own discretion, that you have failed to comply with any of the Terms and Conditions, policies or rules set by Scalecomm.ai, or if you engage in any illegal activities or activities that cause harm, embarrassment, harassment, or disruption for yourself, Scalecomm.ai, its users, or any third parties, Scalecomm.ai may notify authorities or take any actions it deems appropriate without any notice to you. If you have entered into a contract with Scalecomm.ai for Services, your contract will be valid for a minimum of one year, and you will not have the right to terminate it for convenience unless you pay the remainder of the fees due under the current term of the agreement.

18. Copyright Policy

We acknowledge and respect the intellectual property rights of others and expect our users to do the same. We will promptly respond to any claims of copyright infringement committed using our Services, upon receipt of a notice sent to our designated Copyright Agent.

Copyright Agent
Scalecomm.ai
Dubai Silicon Oasis, IFZA, Dubai
Email: info@scalecomm.ai

19. Changes to Services or Terms

Scalecomm.ai reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

20. Entire Agreement, Governing Law, Severability, Non-waiver, Assignment

The Customer Agreement, any Order Forms, these Terms, our Privacy Policy, and the DPA together constitute the entire agreement between the parties regarding the Services and all related activities. If any part of these Terms is deemed unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

If your Customer Agreement is with Scalecomm.ai, the Agreement and any action related to it will be governed by the laws of the United Arab Emirates without regard to its conflict of laws provisions.

21. Sale of Business

If you sell your business or sell or transfer a portion of assets in a merger, the purchaser or successor in interest must guarantee to perform all obligations under the Agreement for the remaining Agreement Term.

22. Contact Us

If you have any questions about these Terms, please contact Scalecomm.ai: