Terms of Service

1. Acceptance of Terms

By accessing or using the ScaleDesk360 platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users, including agency owners, marketing consultants, and their clients. Access to the Service constitutes acceptance of all terms herein, including the intellectual property and trade secret protections in Sections 8 through 12.

2. Description of Service

ScaleDesk360™ is a proprietary AI-powered marketing automation platform that provides tools for content generation, CRM management, appointment booking, social media scheduling, SEO research, email marketing, and client reporting. The Service is designed exclusively for marketing agencies and consultants managing multiple business clients. The Service is not available for resale, sublicensing, or redistribution in any form.

3. User Accounts and Registration

To access the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. Account credentials are personal and non-transferable. Sharing, selling, or transferring access to your account is strictly prohibited.

4. Subscription and Payment

ScaleDesk360 offers subscription plans (Starter, Growth, Agency, Enterprise) billed on a monthly or annual basis. By subscribing, you authorize us to charge your payment method on a recurring basis. All fees are non-refundable except as required by applicable law.

We reserve the right to change our pricing at any time. We will provide at least 30 days' notice before any price changes take effect. Continued use of the Service after a price change constitutes acceptance of the new pricing. Subscriptions do not include any license to copy, reproduce, or redistribute the platform's software, logic, or design.

5. AI-Generated Content

The Service uses artificial intelligence to generate content on your behalf. You acknowledge that:

• AI-generated content may not always be accurate, complete, or appropriate for your specific needs.
• You are solely responsible for reviewing, editing, and approving all AI-generated content before publication.
• ScaleDesk360 does not guarantee the accuracy, quality, or fitness of AI-generated content for any particular purpose.
• You retain full responsibility for any content published through the Service under your account.
• AI-generated content should not be relied upon as professional legal, medical, financial, or other specialized advice.
• The AI workflows, prompts, models, and automation logic used to generate content are proprietary trade secrets of ScaleDesk360 and may not be reverse engineered, extracted, or replicated.

6. Client Data and Multi-Tenancy

ScaleDesk360 maintains strict data isolation between clients. Each client's data is stored separately and is accessible only to authorized users of your account. You are responsible for ensuring that your use of client data complies with all applicable privacy laws, including but not limited to GDPR, CCPA, and CAN-SPAM.

You represent and warrant that you have obtained all necessary consents and permissions to collect, store, and process your clients' personal information through the Service.

7. Prohibited Uses

You agree not to use the Service to:

• Generate or distribute spam, unsolicited commercial messages, or deceptive content.
• Violate any applicable laws or regulations, including anti-spam laws (CAN-SPAM, CASL, GDPR).
• Infringe upon the intellectual property rights of others.
• Generate content that is defamatory, obscene, harassing, or otherwise objectionable.
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, AI prompts, data models, or architecture of the Service.
• Use the Service to build, develop, or assist in building a competing product or service.
• Scrape, crawl, spider, or otherwise extract data, content, or structural information from the Service by automated means.
• Share, sell, sublicense, or transfer your account credentials or access to any third party.
• Probe, scan, or test the vulnerability of the Service or any related system or network.
• Circumvent, disable, or interfere with security-related features of the Service.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service.

8. Intellectual Property Rights

The Service, including all software, source code, object code, algorithms, AI models and prompts, automation workflows, database schemas, data models, user interface designs, graphics, documentation, and all other components, is the exclusive property of ScaleDesk360™ and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for its intended purpose during your active subscription period. This license does not include any right to copy, reproduce, modify, distribute, sell, sublicense, reverse engineer, or create derivative works based on the Service or any component thereof.

Content you create or upload to the Service remains your property. By using the Service, you grant ScaleDesk360 a limited license to process and store your content solely to provide the Service.

9. Trade Secrets and Confidential Information

The following elements of the Service constitute trade secrets and confidential information of ScaleDesk360, protected under the Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836, and applicable state trade secret laws:

• The proprietary AI prompt engineering, content generation workflows, and automation logic.
• The platform's software architecture, database schema, and API design.
• The autonomous marketing engine's scheduling algorithms and job execution logic.
• The multi-client management system, data isolation mechanisms, and client portal technology.
• The pricing models, business logic, and operational methodologies.
• Any non-public technical, business, or operational information you observe while using the Service.

By accessing the Service, you agree to maintain the confidentiality of all trade secrets and proprietary information you encounter and not to disclose, reproduce, or use such information for any purpose other than your authorized use of the Service.

10. Prohibition on Reverse Engineering and Competitive Use

You expressly agree that you will not, directly or indirectly:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying algorithms, or structural design of the Service.
• Use information obtained through use of the Service to build, develop, fund, or assist in building a competing product or service.
• Reproduce, copy, or imitate the Service's user interface, workflows, feature set, or business model for competitive purposes.
• Disclose the Service's architecture, features, or workflows to any third party for competitive purposes.
• Hire, solicit, or engage any ScaleDesk360 employee, contractor, or agent for the purpose of recreating or competing with the Service.

Violation of this section will cause irreparable harm to ScaleDesk360 for which monetary damages would be inadequate. ScaleDesk360 shall be entitled to seek injunctive relief, in addition to all other remedies available at law or in equity, without the requirement of posting a bond.

11. No Scraping or Automated Data Extraction

You are expressly prohibited from using any automated means — including bots, crawlers, scrapers, spiders, scripts, or other automated tools — to access, collect, extract, or copy any data, content, or information from the Service. This prohibition applies regardless of whether such data is publicly visible or requires authentication to access.

Unauthorized scraping or data extraction constitutes a violation of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030, and may result in civil and criminal liability. ScaleDesk360 employs technical measures to detect and block automated access and reserves the right to pursue all available legal remedies against violators.

12. DMCA Copyright Policy

ScaleDesk360 respects the intellectual property rights of others and expects users to do the same. If you believe that content on the Service infringes your copyright, please send a written notice to our designated DMCA agent at [email protected] with the following information:

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

ScaleDesk360™ will respond to valid DMCA notices by removing or disabling access to the allegedly infringing content. Repeat infringers will have their accounts terminated.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SCALEDESK360 DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCALEDESK360 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless ScaleDesk360 and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) any unauthorized access to or use of the Service through your account credentials.

16. Termination

Either party may terminate this agreement at any time. Upon termination, your access to the Service will be revoked immediately. You may export your data before termination. ScaleDesk360 reserves the right to suspend or terminate accounts that violate these Terms without notice, including accounts suspected of reverse engineering, scraping, or competitive misuse.

The obligations under Sections 8 through 12 (intellectual property, trade secrets, reverse engineering prohibition, no-scraping, and DMCA) survive termination of this agreement and remain in full force and effect indefinitely.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which ScaleDesk360 is incorporated, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, ScaleDesk360 may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights, trade secrets, or confidential information.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the updated Terms.

19. Contact Information

For questions about these Terms, intellectual property matters, or to report a violation, please contact us at: