Terms of Service


These Terms of Service ("Terms") govern your access to and use of the Scalability Inc. websites, applications, services, and products (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use the Service.

1. Acceptance of Terms These Terms constitute a legally binding agreement between you and Scalability Inc. ("us", "we", or "our"). Your access to and use of the Service is subject to your acceptance and compliance with these Terms. These Terms incorporate by reference our Privacy Policy, which is available here.

2. Use of the Service You may only use the Service for lawful purposes and in accordance with these Terms. You agree not to use the Service:In any way that violates any applicable law or regulation.For the purpose of exploiting, harming, or interfering with the Service or any other user's use of the Service.To transmit, store, or upload any content that is infringing, obscene, indecent, unlawful, or otherwise objectionable.To impersonate any person or entity, or to falsely state or otherwise misrepresent your affiliation with a person or entity.To interfere with or disrupt the servers or networks used to provide the Service.To attempt to gain unauthorized access to the Service or any other accounts, computer systems, or networks connected to the Service.

3. User Content You may create, upload, or post content ("User Content") on the Service. You retain all ownership rights in your User Content. However, by submitting User Content to the Service, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and display your User Content on the Service and in connection with our business, including for marketing and promotional purposes.

4. Intellectual Property The Service and all content and materials included on the Service, including, but not limited to, text, graphics, logos, icons, images, audio clips, video clips, software, and data (collectively, the "Content") are the property of Scalability Inc. or its licensors. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices contained on the Service or the Content.

5. Disclaimers THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE. YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

6. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

7. Termination We may terminate your access to the Service at any time, for any reason, or no reason. We may also terminate or modify any part of the Service without notice.

8. Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.

9. Dispute Resolution Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in New York, New York. The decision of the arbitrator shall be final and binding on both parties.

10. Entire Agreement These Terms constitute the entire agreement between you and us regarding your use of the Service.

11. Severability If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Waiver Our failure to enforce any provision of these Terms shall not be construed as a waiver of such provision or any other provision of these Terms.

13. Updates to Terms of Service We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on the Service. You are advised to review these Terms periodically for any changes. Your continued use of the Service after the revised Terms are posted will be considered your acceptance of the changes.

Contact Us If you have any questions about these Terms, please contact us at hello@scalability.us or by mail at:

Scalability Inc.
Attn: Legal Department
489 Fifth Ave
New York, NY
10017

15. Notice You agree that we may send you notices regarding the Service, including those relating to legal changes, by email or by posting them on the Service.

16. Digital Millennium Copyright Act ("DMCA") We respect the intellectual property rights of others. If you believe that your copyrighted material has been infringed on the Service, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). You can find information about the DMCA and how to submit a notification at the U.S. Copyright Office website: https://copyright.gov/.

17. Electronic Signatures These Terms, and any agreements or forms you submit electronically, constitute electronic communications under applicable laws. You agree to receive electronic communications and records from us and that such communications and records will satisfy any legal requirements for written communications and records.

18. Miscellaneous These Terms and any related agreements or documents may be translated into other languages for your convenience. However, the English language version shall govern in the event of any conflict or inconsistency.

BY USING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE.