Terms and Conditions

2. Additional Terms

Your use of the Platform is also subject to our Privacy Policy, available at www.getsocialscale.com/privacy, which governs how we collect, use, and disclose your personal information. By using the Platform, you acknowledge and agree to our Privacy Policy.

3. Changes to the Platform

We reserve the right to modify, update, suspend, or discontinue the Platform or any of its features at any time without notice.

4. Account Security & Responsibilities

You must be at least 18 years old to use the Platform. If you are under 18, your legal guardian must consent to your use of the Platform.

You must maintain the confidentiality of your account login credentials and are responsible for all activities conducted under your account.

We reserve the right to suspend or terminate your account if we detect unauthorized use or violation of these Terms.

If you suspect any unauthorized access, contact support@scalesocialai.com immediately.

5. How We Use Your Data

Scale Social AI owns or licenses all content available on the Platform, including text, images, videos, logos, and software.

You may not copy, modify, distribute, sell, or lease any part of the Platform without express written permission.

If you violate these terms, we may immediately revoke your access to the Platform.

6. User-Generated Content (UGC) & License Grant

By submitting or uploading content (e.g., text, images, videos, comments) ("UGC") to the Platform, you:

• Grant Scale Social AI and its business clients a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, and publicly display the UGC for any purpose, including marketing, promotional, and commercial purposes.
• Authorize Scale Social AI to edit, alter, enhance, or modify your UGC in any manner, including through the use of artificial intelligence, machine learning, automated tools, or other technologies, at Scale Social AI's sole discretion. Such modifications may include, but are not limited to, color correction, audio enhancement, format conversion, cropping, filtering, creative optimization, and AI-generated enhancements or alterations.
• Represent and warrant that you have full rights to submit the UGC and that it does not infringe any third-party rights, including copyrights, trademarks, or privacy rights.
• Acknowledge that you will not be compensated for your UGC unless otherwise agreed in writing.

Prohibited Content: You agree not to submit any content that:

• Violates laws or regulations.
• Is defamatory, obscene, offensive, or promotes violence, discrimination, or illegal activities.
• Contains unauthorized personal information of others.

We reserve the right to remove or restrict any UGC at our sole discretion.

7. Third-Party Consent

If your UGC features any identifiable person other than yourself, you represent and warrant that you have obtained all necessary permissions, releases, and consents from such individuals (or their legal guardians if minors) to submit and license the content as described in these Terms. You are solely responsible for ensuring that all persons appearing in your UGC have consented to its submission and commercial use.

8. Parental Consent for Minor Content

If you submit content featuring a minor (under 18 years old), you must be:

• The parent or legal guardian of the minor, OR
• Have obtained explicit written consent from the minor's legal guardian.

By submitting such content, you grant Scale Social AI permission to use the content in accordance with these Terms.

9. Waiver of Moral Rights

To the extent permitted by applicable law, you irrevocably waive any moral rights or similar rights you may have in your UGC, including rights of attribution, integrity, and any right to object to modifications. You agree not to assert such rights against Scale Social AI, its affiliates, or its clients in connection with any use of your UGC permitted under these Terms.

10. No Confidential Relationship

Your submission of UGC does not create any confidential, fiduciary, or other special relationship between you and Scale Social AI. We are not obligated to treat your UGC as confidential, and you should not submit any content that you wish to remain confidential.

11. Indemnification

You agree to indemnify, defend, and hold harmless Scale Social AI, its affiliates, officers, directors, employees, agents, and clients from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your UGC; (b) your use of the Platform; (c) your violation of these Terms; (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; or (e) any claim that your UGC caused damage to a third party.

12. Release of Claims

You hereby release and forever discharge Scale Social AI, its affiliates, officers, directors, employees, agents, and clients from any and all claims, demands, damages, losses, costs, or expenses arising from the use of your UGC in accordance with these Terms, including but not limited to claims related to rights of publicity, rights of privacy, defamation, false light, or emotional distress. This release applies regardless of whether such claims are known or unknown at the time you agree to these Terms.

13. Disclaimers & Limitation of Liability

13.1 No Warranties

The Platform and its content are provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee uninterrupted or error-free access.

13.2 Limitation of Liability

To the fullest extent permitted by law, Scale Social AI, its affiliates, officers, and employees will not be liable for any:

• Loss of profits, revenue, business opportunities, or goodwill.
• Indirect, incidental, consequential, or punitive damages.
• Data loss, security breaches, or unauthorized access.

If we are found liable, our maximum liability is limited to $100 or the amount paid by you (whichever is lower).

14. Copyright Complaints (DMCA)

Scale Social AI respects intellectual property rights. If you believe content on the Platform infringes your copyright, please submit a written notice to our designated agent at support@scalesocialai.com containing:

• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing, with sufficient information to locate it on the Platform.
• Your contact information (name, address, telephone number, and email address).
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
• Your physical or electronic signature.

We will respond to valid DMCA notices in accordance with applicable law.

15. External Links

The Platform may contain links to third-party websites. We do not endorse or assume responsibility for their content, policies, or practices.

16. Security & Prohibited Activities

You must not:

• Introduce malware, viruses, or any harmful technology to the Platform.
• Attempt to gain unauthorized access to the Platform's systems.
• Engage in fraudulent, abusive, or illegal activities using the Platform.

Violating these rules may result in immediate termination of your access and potential legal action.

17. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in Durham, North Carolina, unless you and Scale Social AI agree otherwise.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Scale Social AI.

Exceptions: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

18. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of North Carolina, USA, without regard to conflict of law principles.

If you are a business, you agree that any dispute not subject to arbitration must be resolved exclusively in the state or federal courts located in Durham County, North Carolina.

If you are a consumer, you may have additional rights under local consumer protection laws.

19. Contact Us

For questions or concerns about these Terms, contact us at:

Email: support@scalesocialai.com

Mailing Address:
‍Scale Social AI, Inc.
201 W Main St
Durham, NC 27701