This is an agreement between you or the entity that you represent (hereinafter “You” or “Customer”) and Owly Labs s.r.o. (hereinafter “Scaleo” or “Service”) governing the use of Scaleo – Affiliate Tracking and its services.
This Agreement consists of the following terms and conditions (hereinafter the “Terms”).
- Every customer must be 18 years or older in order to use Scaleo.
- Signups by “bots” or other automated methods and/or tools are not allowed.
- During signup, the customer needs to provide his full legal and business name, a valid email address, and any other information requested during the signup process.
- Customer will identify an administrative username and secure password for his Scaleo platform.
- Customer is responsible for all content and activity that occurs under his account or any other accounts within his platform.
- Violation of any of these terms can result in termination or restriction of the Account.
Customer agrees to use the Service at his own risk.
Scaleo provides you with a 14 days evaluation trial.
Payment & Fees
- The evaluation trial is restricted to non-productive evaluation use only.
- Any commercial activity during the trial period will waive the remaining trial time and move customer in the subscription plan as selected during signup.
- Within the trial, customer may terminate this agreement and all of its rights hereunder by providing Scaleo written notice thereof not less than 1 day prior to the end of the trial.
- Customer will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
- Trial period is limited to one time per customer and/or entity.
- Payments will be processed by Credit Card.
- Your Scaleo Account will be billed upfront on a monthly base, starting from the signup date till the same date of the next month. (example: signup at the 8th means the billing period goes till 8th of the next month.
- All fees are exclusive of all taxes, levies, or duties imposed by tax authorities and customer shall be responsible for payment of all such taxes, levies, or duties.
- Scaleo does not provide any refunds or credits.
Service & Pricing Modifications
- Customer can cancel his account at any time.
- After cancellation takes effect, customer will no longer have access to the platform and it’s content.
- If you cancel the Service before the end of your current paid month, your cancellation will take effect at the end of the current billing period and you will not be charged again.
- Scaleo has the right to suspend or terminate your account and refuse any or all current or future usage of the Service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account and all Content in it. Scaleo reserves the right to refuse service to anyone for any reason at any time.
Confidentiality & Proprietary Rights
- Scaleo reserves the right at any time to modify the Service (or part of it) with or without notice.
- Prices of all Scaleo services, including but not limited to monthly subscription fees, are subject to change upon 14 days notice from us. Such notice may be provided at any time by posting the changes to the Scaleo Website or informing customer by writing.
- Scaleo shall not be liable to customer or to any third party for any modification, price change, suspension or discontinuance of the Service.
Customer Data Security
- Customer shall own all rights, title and interest in and to the Customer Data & Content, as well as any data that is based on or derived from the Customer Data and provided to Customer as part of the Services.
- Service shall own and retain all right, title and interest in and to the Services and Software, all improvements, enhancements or modifications thereto, any software, applications, inventions or other technology developed in connection with Implementation Services or support, and all intellectual property rights related to any of the foregoing.
- Notwithstanding anything to the contrary, Scaleo shall have the right to collect and analyze data and other information relating to any Services provided.
- Service will be free during and after the term hereof to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
Scaleo is responsible for protecting the security of Customer Data in our possession. We will maintain commercially reasonable administrative, technical, and physical procedures to protect Customer Data and Personal Data stored in our servers from unauthorised access, accidental loss, modification, or breach. However, no security system is impenetrable and we cannot guarantee that unauthorised parties will never be able to defeat our security measures or misuse any Data in our possession. You provide Customer Data and Personal Data to Scaleo with the understanding that any security measures we provide may not be appropriate or adequate for your business, and you agree to implement any additional controls that meet your specific requirements.
- The service is provided on an “as is” and “as available” basis.
- Technical support is provided to all customers and is available via email and online chat as specified within the subscription plan chosen by the customer.
- Any information processed by Scaleo, uploaded to Scaleo or retrieved from Scaleo, Scaleo-related domains and E-mails shall not contain any material that facilitate or promote illegal, deceptive, or fraudulent activity, or contain content that is illegal, is likely to generate liability for Scaleo or negatively affect Scaleo's reputation, infringe upon or violate any right of any third party, including, without limitation, any intellectual property, privacy, or publicity rights, use the Platform Services to target advertisements to children under the age of 13 years (16 years in the EU), contain or concern mass mailings or any form of ineligible advertisement or spam.
- Depending on your account setup, you understand that the technical processing and transmission of Scaleo and your account, including your content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
- If your click usage exceeds your monthly limit, we reserve the right to suspend your account until you upgrade your account in order to have access to a higher monthly click limit.
- You expressly understand and agree, that Scaleo shall not be liable for any indirect, direct, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from the use or the inability to use the service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the service; or any other matter relating to the service. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising.
- This Agreement shall be governed by the laws of the United Kingdom without regard to its conflict of laws provisions.