Terms Of Service
Updated July 5th, 2023
Welcome to Scaling Solutions Pro! These Terms of Service
("Terms") govern your access to and use of our marketing software
("Software") provided by Scaling Solutions Pro, a software company located
in Canada. Please read these Terms carefully before using our Software.
1. Acceptance of Terms
By accessing or using our Software, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you may
not use our Software.
2. Description of Software
Our Software provides marketing tools and services
to consumers for their marketing needs. It includes features such as: email marketing, chat widgets,
missed call text back, customer relationship management, workflows/automations and
analytics. The Software may be accessed through
our website or other authorized means.
3. License Grant
Subject to your compliance with these Terms,
we grant you a limited, non-exclusive, non-transferable license to use our Software for your
personal or business purposes, solely as permitted
by the features of the Software. You may
not sublicense, distribute, or modify the Software without our prior written consent.
4. User Responsibilities
a. Eligibility: You must be at least 18 years old to
use our Software. By using our Software,
you represent and warrant that you are 18
years of age or older.
b. Account Creation: In order to use our Software,
you may be required 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.
c. Prohibited Activities: You agree not to:
- Use our Software
for any illegal or unauthorized purpose.
- Violate any applicable laws, regulations, or
third-party rights.
- Interfere with or disrupt the integrity or
performance of our Software.
- Reverse engineer,
decompile, or disassemble the Software.
- Use our Software to send spam, unsolicited
emails or SMS messages, or any other form of unauthorized
communications.
5. Intellectual Property Rights
Our Software, including all associated intellectual property rights, is owned by Scaling Solutions Pro and its
licensors. You acknowledge that the Software is protected by copyright, trademark, and other laws. You may
not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices.
6. Privacy
Your privacy is important to us. Please review our Privacy
Policy to understand how we collect, use, and disclose information about you.
By using our Software, you consent to the collection, use, and disclosure of
your information as described in our Privacy Policy.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCALING SOLUTIONS PRO AND ITS
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE.
8. Indemnification
You agree to indemnify and hold harmless Scaling Solutions Pro, its
affiliates, officers, directors, employees, and agents from and against any
claims, liabilities, damages, losses, and expenses, including reasonable
attorneys' fees, arising out of or in connection with your use of the Software
or violation of these Terms.
9. Modification of Terms
We reserve the right to modify these Terms at any time by
posting the updated Terms on our website. Your continued use of the Software
after such modifications will constitute your acceptance of the revised Terms.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance
with the laws of Canada. Any dispute arising out of or relating to these Terms
or your use of the Software shall be subject to the exclusive jurisdiction of
the courts located in Calgary, Canada.
11. Service Fulfillment
Upon purchasing a subscription plan from us, we will setup your account with the features outlined in
your plan, free of charge. After purchase, we will start setting up your account as soon as possible.
The login details for your account are typically emailed to you within 24 hours, but may take longer
depending on factors such as demand and schedule. Onboarding tutorial videos will be provided, to help you
understand how to use these features within your account. If you purchased a plan that includes campaigns, we will
setup automations for your campaigns, and we will provide you with examples for the content of the campaigns,
upon request. However, it is your companies responsibility to write out the content of your campaigns,
and ensure that they are compliant with all advertising/marketing laws in your country, or any country you send out
marketing campaigns to. If you, or any member working or associated with your company breaks any of
these laws, we will not be held liable, as outlined in Section 7. We will help you navigate through our
platform and ensure all features included in your plan are setup to your liking. Upon request, the
setup of additional features, not included in your plan, may be subject to a mutually agreed upon setup fee.
12. Purchases
If you wish to purchase any product or service made available through Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase including, without limitation, your credit card
number, the expiration date of your credit card, your billing address, and your shipping information. You represent
and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection
with any Purchase; and that (ii) the information you supply to us is true, correct and complete. We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting
your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or
service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
13. Subscriptions
Our software is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and
periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription
will automatically renew under the exact same conditions unless you or Scaling Solutions Pro cancels it. You may
cancel your Subscription renewal by contacting the Scaling Solutions Pro support team. A valid payment method,
is required to process the payment for your subscription.You shall provide Scaling Solutions Pro with accurate and complete billing information including:
full name, address, state, zip code, telephone number, and a valid payment method information. By submitting
such payment information, you automatically authorize Scaling Solutions Pro to charge all Subscription fees
incurred through your account to any such payment instruments. Should automatic billing fail to occur for any
reason, Scaling Solutions Pro will issue an electronic invoice indicating that you must proceed manually, within a
certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
14. Free Trial
Scaling Solutions Pro may, at its sole discretion, offer a Subscription with a free trial for a limited period of time
(“Free Trial”). You will be required to enter your billing information in order to sign up for Free Trial. If you do enter
your billing information when signing up for Free Trial, you will not be charged for your subscription fee until your
Free Trial has expired. However, you may be charged for credits towards your phone calls, text messages, and emails you send, using our Leadconnector system. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time, Scaling Solutions Pro reserves the right to (i) modify Terms of Service of Free Trial offer,
or (ii) cancel such Free Trial offer.
15. Fees
Scaling Solutions Pro, may modify Subscription fees, and add/remove features into your account, depending on
your written consent and Subscription needs. Any Subscription fee change will become effective at the end of the
then-current Billing Cycle. Additional fees will be applied for the use of text messaging, phone calls, and emails, sent through our Leadconnector system. You may receive credits towards these fees, depending on your subscription plan and usage. Your continued use of Service, after Subscription fee change comes into effect, constitutes your
agreement to pay the modified Subscription fee amount.
16. Refunds
We issue refunds for up to seven (7) days after your monthly charge. Refunds will only be issued for your
current month’s charge. Fees for prior months will not be refunded.
Contact Us
Please send your feedback, comments, or concerns to our support team:
By email: scalingsolutions.pro@gmail.com