Terms of Service

Last Updated: May 15th, 2024

Introduction. This License Agreement ("Agreement") is a legal agreement between you ("Customer") and ScaleIP, Inc. ("ScaleIP") for the use of the ScaleIP software as a service ("SaaS") product. By subscribing to the SaaS, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not subscribe to the SaaS.
Grant of License. Subject to the terms and conditions of this Agreement, ScaleIP grants to Customer a non-exclusive, non-transferable license to use the SaaS during the Term (as defined below) in accordance with this Agreement.
Term. The term of this Agreement will begin on the date of subscription and will continue for one year ("Term").
Payment. The annual subscription fee for the SaaS shall be mutually agreed upon by both Customer and ScaleIP. All payments shall be made in U.S. dollars and are non-refundable. If Customer wishes to continue using the SaaS after the Term, the customer must purchase a new subscription.
Limitations on Use. Customer's use of the SaaS is subject to the number of users per organization and searches per user as stated in the subscription plan. In cases of misuse of the service or abuse of the usage policy, ScaleIP reserves the right to restrict or terminate the account, and Customer shall be held responsible for any damages or losses caused by such misuse or abuse.
Customer grants ScaleIP permission to use its name in ScaleIP’s marketing materials and to publish its name, trademark and/or logo on the ScaleIP website, solely for the purpose of identifying Customer as an ScaleIP’s client. Customer retains the ability to request removal of the logo at any time.
Service Level Agreement. ScaleIP commits to maintaining an uptime of at least 99.5% for the SaaS and to respond to any service issues or customer inquiries within 24 hours. Furthermore, ScaleIP will perform daily backups of all customer data to ensure data integrity.
Data Ownership. Customer acknowledges that any data provided to or processed by ScaleIP remains the property of Customer. Customer grants ScaleIP a non-exclusive, non-transferable license to access, process, and use the data as necessary to provide the SaaS.
Data Security. ScaleIP shall implement and maintain industry standard security measures to protect the data from unauthorized access, use, disclosure, alteration, or destruction.
Data Retention and Deletion. Customer has the option to retain or delete their data at any time during or at the end of the Term. ScaleIP shall comply with Customer's request for deletion of data within a reasonable timeframe.
Data Sharing and Export. Customer is responsible for ensuring that any data shared or exported from the SaaS is done in compliance with all applicable laws, regulations and agreements. ScaleIP shall not be held liable for any damages or losses arising from any unauthorized sharing or export of data.
Restrictions. Customer shall not, and shall not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the SaaS; (b) modify, translate, or create derivative works based on the SaaS; (c) use the SaaS for any purpose other than as expressly permitted in this Agreement; (d) use the SaaS in any manner that infringes any intellectual property rights of ScaleIP or any third party; or (e) remove any proprietary notices or labels on the SaaS.
Confidentiality and Data Security. Customer's data shall be protected in accordance with industry standards, and ScaleIP shall comply with all relevant data protection regulations.
Governing Law and Dispute Resolution. This Agreement shall be governed by and construed in accordance with the laws of a court in the defending party’s home state having jurisdiction over the subject matter at issue without regard to its conflict of law provisions. Any disputes arising under or in connection with this Agreement may be resolved through mediation.
Termination or Breach. This Agreement may be terminated by either party in the event of a material breach of any of its terms and conditions. Any such termination shall be made in writing and the non-breaching party shall provide the breaching party with a 30-day notice to cure the breach.
Restrictions on use of output data You agree not to use the Service or Output Data in certain ways. You agree not to use the Service or Output Data to:

violate any applicable laws (whether federal, state, or international to the U.S.) (“Laws”),
violate the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation (CASL), as such statutes may be amended from time to time, or the U.S. TCPA. For information on CAN-SPAM, go here; for information on CASL, go here; and for information on the TCPA, go here;
use the Output Data to advertise or promote any goods or services (or send any other communications) that are illegal in the place offered or consumers,
use the advertise or promote adult service (such as pornography or escort services), tobacco products, illegal gambling, counterfeit or pirated goods or services, or violate any securities or commodities regulations (such as to support a “pump and dump” scheme);
defraud, deceive or mislead anyone;
communicate or transmit content that is defamatory, dishonest, obscene, sexually explicit, pornographic, vulgar or offensive;
promote or engage in discrimination, racism, harassment or hate speech against any individual or group; or threaten or promote violence.
Prohibition of Resale or Sublicense: End Users are explicitly prohibited from reselling, distributing, sublicensing, or otherwise transferring any rights to the Output Data to any third parties. This prohibition extends to any derivative works or functionally similar versions of the Output Data.
License Restrictions: (a.) End Users are granted a limited, non-exclusive, non-transferable license to use the Output Data solely for personal and/or internal business purposes. (b.) End Users shall not use the Output Data in any manner that violates applicable laws or regulations. (c.) End Users are prohibited from creating any service, product, toolset, dataset, or derivative work from the Output Data, whether in aggregated or non-aggregated form.
Required Consents and Legal Compliance: (a.) End Users are responsible for obtaining all necessary consents and permissions for the use of Output Data, particularly in compliance with data protection and privacy laws, including but not limited to the GDPR and CCPA. (b.) Special care must be taken when handling Output Data concerning European Union residents, ensuring compliance with all obligations under the GDPR.
Disclaimer of Warranties: ScaleIP provides the Output Data on an “as is” and “as available” basis. All warranties, whether express or implied, are disclaimed to the fullest extent permissible under applicable law.

Restriction on Use of Email Services: The following practices are not permitted from our service and would be considered a violation of our policy. Please find below some examples. They are subject to change.

send from a group distribution email such as hello@ or marketing@ etc;
not include opt out messages to any commercial emails or failing to comply with applicable laws ;
use a fictional identity or a pseudonym or an alias to send emails;
send emails that generate an unacceptable level of bounces;
send emails that generate an unacceptable level of spam or complaints;
transmit material that contains or links to virus, trojan horse, worms or any malicious or harmful software program;
use ScaleIP's service in conjunction with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited emails, or phone calls
If you know or suspect anyone violating these policies, please notify us at admin@scaleip.com. ScaleIP will determine compliance of this policy at its sole discretion.

Additional restrictions on use of the service and your account: You also agree to certain restrictions on your use of the Service. You may not:

allow any other person to use your account, use any other person’s account, or share your password or account credentials with any other person;
transmit information to or through the Service that is fake or fictitious;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
access the Service in a way that exceeds your authority, such as by logging in to a server, account, or email network when you are not authorized to do so;
access the Service in an automated manner;
extract data from the Service in a way that exceeds our authorization or violates these terms or other policies or restrictions we have implemented (whether such implementation is verbal or mechanical in nature); for instance you may not or use or attempt to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search any portion of the Site, other than the search engine and search agents made available through the Service;
reverse engineer, decompile or disassemble the Service (in whole or in part).

Special terms for use of customer personal data of or output data about European data subjects: You may request and receive Output Data regarding data subjects who reside in the European Economic Area, Switzerland, or the United Kingdom (“European Data Subjects”) (such as their name, job title, or contact information), which we refer to below as European Output Data.” If you do so, you agree that you will use the Output Data only in the following situations, in addition to complying with other consent or permission requirements set out in this Section:

in order to perform reasonable and actual data validation or hygiene or updating of your own legally obtained customer database. For instance (simply to illustrate), if you possess a data file that reads [Jane Doe | Acme Computers | janedoe@Acme.com] you may use our Output Data to update that file to read [Jane Doe | Acme Computers Limited | janedoe@AcmeLimited.com].
pursuant to explicit consent from the data subject of the Output Data, sufficient to comply with the consent requirements of GDPR.
for other purposes you have established are necessary to pursue your legitimate interests in the context of business-to-business relationships and in compliance with the GDPR and all other legal requirements. For instance, if you use the Output Data to contact actual or prospective business partners, you may need to obtain consent for “prospecting” by means of a telephone, fax machine or email.

Changes to Terms. ScaleIP reserves the right to change these terms at any time. The continued use of the service after changes have been made shall be deemed acceptance of the new terms and conditions.
Conflicting Obligations. The provisions of any current signed agreements between the Parties supersede and replace the provisions of this Terms of Service.