These Terms of Service ("Terms") constitute a binding agreement between you and ScaleDesk Technology regarding your use of our website, software products (including LeadForGrow™ and ScaleDesk HRM™), APIs, documentation, and related services.
Please read these Terms carefully. By accessing or using our services, you agree to be bound by them. If you are entering into an agreement on behalf of an organization, you represent that you have authority to bind that organization.
Our services
ScaleDesk provides Product Engineering, AI Solutions, Enterprise Software Development, IT Services, and proprietary software products. Specific scope, deliverables, service levels, and fees are defined in order forms, statements of work, or subscription agreements that supplement these Terms.
Eligibility and accounts
You must be at least 18 years old and capable of forming a binding contract to use our services. You are responsible for maintaining the confidentiality of account credentials and for all activity under your account. Notify us immediately of unauthorized access.
Acceptable use
You agree not to misuse our services. Prohibited activities include:
- Violating applicable laws, regulations, or third-party rights.
- Attempting unauthorized access to systems, accounts, or data.
- Introducing malware, conducting denial-of-service attacks, or interfering with service integrity.
- Reverse engineering, decompiling, or extracting source code except where permitted by law.
- Using services to send spam, phishing, or unlawful communications.
- Reselling or sublicensing products without written authorization.
- Uploading content that is defamatory, infringing, or harmful.
Client data and confidentiality
You retain ownership of data you submit to our products and services ("Client Data"). You grant ScaleDesk a limited license to process Client Data solely to provide and improve the services, as described in your agreement and our Privacy Policy.
Each party agrees to protect the other's confidential information using reasonable care and to use it only for purposes related to the engagement. Confidentiality obligations survive termination as required by law or contract.
Intellectual property
ScaleDesk and its licensors retain all rights in our website, products, software, documentation, trademarks, and proprietary materials. Except for limited rights expressly granted, no license is implied.
For custom development engagements, intellectual property ownership is governed by the applicable statement of work. Unless otherwise agreed in writing, pre-existing ScaleDesk materials and general-purpose components remain our property.
Fees and payment
Fees, billing cycles, and payment terms are specified in commercial agreements. Unless stated otherwise, invoices are due within the period specified in your order form. Late payments may incur interest or service suspension as permitted by contract.
Service availability and support
We strive to maintain reliable services but do not guarantee uninterrupted availability. Planned maintenance, third-party outages, or force majeure events may affect access. Support levels and uptime commitments, if any, are defined in applicable service agreements.
Disclaimers
Except as expressly stated in a written agreement, services are provided "as is" and "as available." To the fullest extent permitted by law, ScaleDesk disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of liability
To the maximum extent permitted by law, ScaleDesk shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.
Our aggregate liability arising from or related to the services shall not exceed the fees paid by you to ScaleDesk in the twelve (12) months preceding the event giving rise to the claim, except where liability cannot be limited under applicable law.
Indemnification
You agree to indemnify and hold harmless ScaleDesk from claims arising from your misuse of the services, violation of these Terms, or infringement of third-party rights through your Client Data or conduct, except to the extent caused by ScaleDesk's negligence or willful misconduct.
Suspension and termination
We may suspend or terminate access if you materially breach these Terms, pose a security risk, or fail to pay applicable fees. You may stop using services at any time subject to contractual notice periods. Provisions that by nature should survive termination will remain in effect.
Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law principles, except where mandatory local law applies. Disputes shall be resolved in the courts of San Francisco County, California, unless otherwise specified in a signed enterprise agreement.
Changes to these Terms
We may modify these Terms periodically. Updated Terms will be posted on this page with a revised effective date. Continued use after changes constitutes acceptance. For material changes affecting active subscriptions, we will provide notice as required by contract or law.
Contact
Questions about these Terms may be directed to contact@scaledesktechnology.com.
ScaleDesk Technology · San Francisco, CA