Terms of Service

Last updated: February 2026

These Terms of Service ("Terms") govern your access to and use of the Scalversion platform and related services (the "Service") provided by Scalversion Inc. ("Scalversion," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Service Description

Scalversion is an AI-powered marketing personalization platform that generates bespoke campaign content for each of your customers at scale, with built-in causal measurement to prove incremental revenue. The Service includes audience decisioning, message personalization, destination delivery, and performance analytics.

2. Account Terms

You must be at least 18 years of age and have the authority to bind the entity on whose behalf you are accepting these Terms. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.

3. Acceptable Use

You agree not to use the Service to:

Violate any applicable law, regulation, or third-party rights;
Send unsolicited communications in violation of anti-spam laws (e.g., CAN-SPAM, GDPR);
Upload or process data you do not have the right to use;
Attempt to reverse-engineer, disassemble, or compromise the security of the Service;
Interfere with or disrupt the integrity or performance of the Service.

4. Customer Data

You retain all rights, title, and interest in and to any data you upload or provide to the Service ("Customer Data"). Scalversion processes Customer Data solely to provide the Service and will not use Customer Data for any other purpose, including training AI or machine-learning models. We act as a data processor on your behalf and will process Customer Data in accordance with our Privacy Policy and any applicable Data Processing Agreement.

5. Payment Terms

The Service is billed on a monthly basis in arrears. Fees consist of a platform fee plus performance-based charges tied to measurable campaign outcomes. Specific pricing is set forth in your Order Form. All fees are non-refundable except as expressly stated in these Terms or required by law.

6. Intellectual Property

Scalversion owns all rights in and to the Service, including its software, algorithms, models, user interface, and documentation. These Terms do not grant you any rights to Scalversion's intellectual property except the limited right to use the Service as described herein. You own your Customer Data, and Scalversion owns all generated insights, aggregate analytics, and platform improvements.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALVERSION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. SCALVERSION'S AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO SCALVERSION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Termination

Either party may terminate these Terms for convenience with thirty (30) days' written notice. We may suspend or terminate your access immediately if you breach these Terms. Upon termination, we will make your Customer Data available for export for thirty (30) days, after which it will be deleted.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [STATE], without regard to its conflict-of-laws principles.

10. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service at least thirty (30) days before they take effect. Your continued use of the Service after such notice constitutes acceptance of the updated Terms.