Terms of Service

Last Updated: May 18, 2025

1. Acceptance of Terms

Welcome to Scalen AI. These Terms of Service ("Terms") govern your access to and use of our website, products, and services, including AI agents, voice AI solutions, and consultancy services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

2. Changes to Terms

We may modify these Terms at any time. The updated version will be effective as of the "Last Updated" date. Your continued use of the Services after any changes indicates your acceptance of the modified Terms.

3. Services Description

Scalen AI provides AI consultancy services, including but not limited to:

  • AI agent development and implementation
  • Voice AI solutions
  • Custom AI application development
  • AI strategy consulting
  • AI integration services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice.

4. User Accounts

Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. User Responsibilities

When using our Services, you agree to:

  • Provide accurate and complete information
  • Maintain the security of your account
  • Comply with all applicable laws and regulations
  • Not use the Services for any illegal or unauthorized purpose
  • Not attempt to interfere with or disrupt the Services
  • Not attempt to access data not intended for you

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services, including all content, features, and functionality, are owned by Scalen AI and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent.

6.2 Your Content

You retain ownership of any content you provide to us in connection with the Services ("Your Content"). By providing Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute Your Content in connection with providing the Services to you.

6.3 AI Training and Data Use

By using our Services, you acknowledge and agree that we may use data collected through our Services, including Your Content and interactions with our AI systems, to train, improve, and develop our AI models and services. This may include using anonymized or de-identified data for machine learning purposes.

7. Payment Terms

Certain Services may require payment. By using such Services, you agree to pay all fees and charges associated with your account on a timely basis. All payments are non-refundable unless otherwise specified in a separate agreement.

8. Confidentiality

We will maintain the confidentiality of any proprietary information you share with us that is clearly designated as confidential. However, this obligation does not apply to information that:

  • Is or becomes publicly available through no fault of ours
  • Was known to us before you provided it
  • Is received by us from a third party without restriction
  • Is independently developed by us

9. Disclaimers and Limitations of Liability

9.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Services will function without interruption or errors, that defects will be corrected, or that the Services are free of viruses or other harmful components.

9.2 AI Technology Disclaimers

AI TECHNOLOGY IS INHERENTLY EXPERIMENTAL AND EVOLVING. YOU ACKNOWLEDGE THAT:

  • AI systems may produce inaccurate, incomplete, or inappropriate outputs
  • AI systems may exhibit unexpected behaviors or generate unexpected results
  • The performance and capabilities of AI systems may vary over time
  • AI systems are tools that require human oversight and judgment

YOU ASSUME ALL RISKS ASSOCIATED WITH USING AI TECHNOLOGY AND IMPLEMENTING AI SOLUTIONS IN YOUR BUSINESS.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCALEN AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES
  • ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES
  • ANY CONTENT OBTAINED FROM THE SERVICES
  • UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
  • THE PERFORMANCE, OUTPUTS, OR DECISIONS MADE BY OR BASED ON OUR AI SYSTEMS

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

10. Indemnification

You agree to indemnify, defend, and hold harmless Scalen AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your Content
  • Your implementation or use of any AI solutions provided by us

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in Melbourne, Australia, except that you may assert claims in small claims court if your claims qualify.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

13. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Scalen AI regarding the Services and supersede all prior agreements and understandings, whether written or oral.

14. Contact Information

If you have any questions about these Terms, please contact us at:

Email: admin@marketingpanda.com.au