Terms of Service | Scalability, Inc.

Effective Date: July 10, 2026

Last Updated: July 10, 2026

These Terms of Service (“Terms”) govern your access to and use of scalability.us and any other website operated by Scalability, Inc. that links to these Terms.

By accessing or using our website, you agree to these Terms. If you do not agree, please do not use the website.

These Terms govern use of the website only. Services provided to clients are governed by the applicable proposal, statement of work, master services agreement, or other written agreement between Scalability and the client.

1. About Scalability

Scalability, Inc. (“Scalability,” “we,” “us,” or “our”) is a branding, design, development, technology, and digital-services company based in New York.

Our website provides general information about our company, services, experience, portfolio, and work.

Nothing on the website constitutes a binding offer to provide services. A client relationship is created only through a separate written agreement or other written confirmation from Scalability.

2. Eligibility

You must be at least 18 years old and legally capable of entering into an agreement to use the website.

If you use the website on behalf of a company or organization, you represent that you have authority to act on its behalf.

3. Acceptable Use

You may use the website only for lawful informational and business purposes.

You may not:

Violate any applicable law or regulation.
Use the website for fraudulent, deceptive, abusive, or unlawful activity.
Attempt to gain unauthorized access to the website or related systems.
Interfere with the operation, availability, or security of the website.
Introduce malware, viruses, harmful code, or disruptive technologies.
Scrape, crawl, harvest, or extract website content or data through automated means without our written permission.
Circumvent security measures or technical restrictions.
Impersonate another person or misrepresent your identity or affiliation.
Submit content that is false, unlawful, defamatory, infringing, or harmful.
Copy, reproduce, distribute, sell, license, or commercially exploit website content without permission.
Use our website content, designs, case studies, or materials to train or develop an artificial-intelligence system without our written permission.
Use Scalability’s name, trademarks, branding, or work in a way that suggests an unauthorized relationship or endorsement.

We may restrict or block access to the website if we reasonably believe these Terms have been violated.

4. Website Content

The website and its content are provided for general informational and promotional purposes.

We attempt to keep the website accurate and current, but we do not guarantee that any content is complete, accurate, current, or suitable for a particular purpose.

Descriptions of services, capabilities, timelines, pricing, results, and past projects are illustrative and do not constitute promises or guarantees.

Past performance, case studies, statistics, testimonials, or project outcomes do not guarantee similar results for another client or project.

Nothing on the website constitutes legal, financial, investment, accounting, medical, regulatory, cybersecurity, or other professional advice.

5. Inquiries and Potential Engagements

Submitting a contact form, sending an email, scheduling a meeting, requesting information, or discussing a potential project does not:

Create a client relationship.
Require Scalability to accept the project.
Create a duty to provide services.
Make information submitted through a general inquiry confidential.
Guarantee the availability, scope, price, or timing of any service.

Services, deliverables, fees, timelines, payment terms, intellectual-property rights, confidentiality obligations, warranties, and other engagement terms will be governed by a separate written agreement.

If a separate written agreement conflicts with these Terms, the separate agreement controls with respect to the services covered by it.

6. Information and Materials You Submit

You retain ownership of materials you submit to us.

By submitting information or materials through the website, you give Scalability permission to receive, store, review, reproduce, and use them as reasonably necessary to:

Respond to your inquiry.
Evaluate a potential engagement.
Communicate with you.
Prepare a proposal.
Provide services you request.
Protect our website and legal rights.
Comply with applicable law.

You represent that you have the right to submit the information or materials and that doing so does not violate any law or third-party right.

Do not submit passwords, payment-card information, medical information, trade secrets, or other highly sensitive or confidential information through a general website form.

Unless we separately agree in writing, unsolicited submissions are not treated as confidential.

7. Intellectual Property

The website and its contents are owned by Scalability, our clients, our licensors, or other applicable rights holders.

This includes:

Text and written content.
Logos and branding.
Designs and layouts.
Graphics and illustrations.
Images and videos.
Animations.
Website code and software.
User interfaces.
Case studies.
Concepts and processes.
Reports and downloadable materials.

These materials are protected by copyright, trademark, trade-dress, and other intellectual-property laws.

Subject to these Terms, we grant you a limited, revocable, nonexclusive, nontransferable right to access and view the website for lawful informational and internal business purposes.

No ownership or intellectual-property rights are transferred to you.

8. Portfolio and Client Materials

Our website may display work created for clients or in collaboration with third parties.

Client names, trademarks, product images, screenshots, written materials, and other client assets remain the property of their respective owners.

You may not copy, reproduce, distribute, or reuse client materials displayed on our website without permission from the applicable owner.

The appearance of a client or third-party name does not necessarily imply an ongoing relationship, endorsement, sponsorship, or affiliation.

9. Scalability Trademarks

The Scalability name, logo, branding, slogans, and related marks are owned by Scalability.

You may not use them without our prior written permission.

Other names, logos, trademarks, and brands appearing on the website belong to their respective owners.

10. Feedback

If you voluntarily provide suggestions, ideas, comments, or feedback about our website or services, you permit us to use that feedback without restriction or compensation.

This does not give us ownership of your confidential business information, client materials, or commissioned project deliverables.

11. Third-Party Links and Services

Our website may link to or use third-party websites, platforms, tools, or services.

We do not control and are not responsible for:

Third-party websites or content.
Third-party products or services.
Third-party availability or security.
Third-party privacy or data practices.
Transactions or communications between you and a third party.

A link or integration does not necessarily constitute an endorsement.

Your use of a third-party service is governed by that provider’s own terms and policies.

12. Privacy

Our collection and use of personal information are described in our Privacy Policy.

By using the website, you acknowledge that no online transmission or storage system is completely secure.

13. Electronic Communications

When you contact us electronically, you consent to receive electronic communications relating to your inquiry or business relationship with us.

These communications may include responses, scheduling messages, proposals, service-related information, and other transactional communications.

Marketing communications remain subject to applicable law and available opt-out rights.

14. Website Availability and Changes

We may modify, update, suspend, restrict, or discontinue any part of the website at any time.

We do not guarantee that:

The website will always be available.
Access will be uninterrupted.
Errors will be corrected immediately.
The website will be free from harmful components.
Any specific content or feature will remain available.

We are not liable for interruptions, changes, or discontinuation of the website, except where liability cannot legally be excluded.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

SCALABILITY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF:

MERCHANTABILITY.
FITNESS FOR A PARTICULAR PURPOSE.
TITLE.
NON-INFRINGEMENT.
ACCURACY.
AVAILABILITY.
SECURITY.
QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE WEBSITE WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS.

Some jurisdictions do not permit certain warranty exclusions, so portions of this section may not apply to you.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALABILITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY:

INDIRECT DAMAGES.
INCIDENTAL DAMAGES.
SPECIAL DAMAGES.
CONSEQUENTIAL DAMAGES.
EXEMPLARY OR PUNITIVE DAMAGES.
LOST PROFITS OR REVENUE.
LOST BUSINESS OR OPPORTUNITIES.
LOSS OF GOODWILL.
LOSS OR CORRUPTION OF DATA.
BUSINESS INTERRUPTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALABILITY’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE WEBSITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

The amount you paid specifically to access the website during the six months before the event giving rise to the claim; or
One hundred U.S. dollars.

This limitation applies only to use of the website. Liability relating to paid client services is governed by the applicable client agreement.

Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply to you.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Scalability and its officers, directors, employees, contractors, affiliates, and agents from claims, liabilities, damages, losses, costs, and expenses arising from:

Your unlawful or unauthorized use of the website.
Your violation of these Terms.
Information or materials you submit.
Your violation of another person’s rights.
Your fraud, misconduct, or violation of law.

18. Copyright Complaints

If you believe material on our website infringes your copyright, contact us and provide:

Identification of the copyrighted work.
Identification and location of the allegedly infringing material.
Your name and contact information.
A statement that you have a good-faith belief that the use is unauthorized.
A statement that the information provided is accurate and that you are the owner or authorized to act for the owner.
Your physical or electronic signature.

Send copyright notices to:

Scalability, Inc.

Attn: Copyright Notice

489 Fifth Avenue

New York, NY 10017

United States

Email: hello@scalability.us

19. Governing Law and Venue

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles.

Any dispute arising from or relating to the website or these Terms must be brought in the state or federal courts located in New York County, New York, except where applicable law requires otherwise.

You consent to the jurisdiction and venue of those courts.

20. Changes to These Terms

We may update these Terms periodically.

When we make changes, we will revise the “Last Updated” date at the top of the page.

Changes become effective when posted unless a different effective date is stated.

21. Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

22. No Waiver

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

23. Assignment

You may not assign or transfer these Terms without our written permission.

We may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, or operation of law.

24. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement concerning your use of the website.

They do not replace any separate written agreement governing services provided by Scalability.

25. Contact Us