Platform Usage Terms and Conditions
These terms govern access to and use of the Scalata.ai platform and Subscription Services. By creating an account, executing an Order Form, or otherwise using the Services, you agree to them. They are read together with your Subscription Agreement, applicable Order Forms, our Privacy Policy, and Cookie Policy.
1. License Grant & Scope
Subject to the Subscription Agreement and execution of applicable Order Forms, the Customer is granted access to the Scalata.ai platform.
- License Type: Non-exclusive, non-transferable, limited license to access and use the Scalata.ai platform (“Subscription Services”) solely for the Customer's internal business purposes.
- Authorized Users: Only employees, contractors, or agents (“Authorized Users”) designated by the Customer may access and use the Services. Sharing, sublicensing, or providing access to non-authorized third parties is strictly prohibited without prior written consent from Scalata.ai.
2. Usage & Service Restrictions
The platform may only be used for lawful internal business operations, in compliance with all applicable federal, state, and local laws including U.S. data privacy and AI-specific laws.
- Resale, rental, lease, redistribution, or sublicensing of services is not permitted.
- Reverse engineering, alteration, decompiling, extracting source code, bypassing technical safeguards, or creating derivative works is strictly forbidden.
- Use for benchmarking, competitor analysis, developing competing AI/SaaS products, or automated scraping is disallowed.
- No circumvention of security, technical, or administrative controls; no interference, harm, or unauthorized access to Scalata.ai systems.
3. Data Privacy, Security, and Customer Data Rights
Scalata.ai commits to comply with the California Consumer Privacy Act (CCPA), Gramm-Leach-Bliley Act (GLBA), New York Department of Financial Services (NYDFS) regulations, and emerging federal/state privacy and AI laws.
- Data Collection & Purpose: Data collected via the platform is processed solely for delivering the agreed Subscription Services, per the Privacy Policy, and only to the extent necessary.
- Data Rights & Obligations: The Customer retains all rights to data submitted to the platform (“Customer Data”) and grants Scalata.ai a license to use, process, and store such data strictly for performance of the Services. The customer is responsible for obtaining all required consents for the use of personal and sensitive data.
- Security & Incident Response: All Customer Data is protected via industry-standard encryption (TLS 1.2+, AES-256), segregated cloud environments, access controls, and regular third-party audits. Any security incident impacting Customer Data is reported to the Customer within 24 hours.
- Data Subject Rights: Customers and, where applicable, data subjects may request access, correction, or deletion of personal data stored within the platform, per statutory requirements (e.g., CCPA “Right to Know” or “Delete”).
4. Artificial Intelligence-Specific Obligations
Scalata.ai provides transparency and responsible AI practices in accordance with federal and state regulations.
- Model Transparency: Where AI models or outputs are used for decision-making, Scalata.ai will provide clear disclosures to enable customers to understand AI functionality, limits, and intended use, aligned with federal guidelines and emerging state requirements.
- Bias and Fairness: Customer acknowledges that use of AI-powered features carries some risk of bias or error. Both parties recognize the need for responsible use, including the Customer's obligation to independently validate high-stakes AI outputs and respond to audit requests.
- Regulatory Updates: Scalata.ai may update these terms and modify practices to comply with new U.S. or state-level AI and privacy laws. Ongoing access is contingent upon acceptance of such updates as required by law.
5. Confidentiality & Intellectual Property
All technical, business, and customer data exchanged are governed by strict confidentiality and intellectual property terms.
- Confidential Information: All technical, business, and customer data exchanged are governed by strict confidentiality terms. Customer Data is not used for any purposes beyond the agreed service delivery, and Scalata.ai will not monetize, sell, or disclose Customer Data except as legally required.
- Intellectual Property: Scalata.ai retains all IP rights in the platform, underlying algorithms, models, and documentation. The customer retains all IP in its own materials.
6. Customer Responsibilities
Customers are solely responsible for ensuring compliance with all applicable laws and proper platform usage.
- Legal & Regulatory Compliance: Customers are solely responsible for ensuring that their use of the platform is in compliance with all applicable laws, including those relating to financial services, privacy, and use of AI analytics.
- Data Accuracy & Consent: Customers confirm they possess all necessary rights and permissions for data provided, that all data is accurate and lawful, and agree to indemnify Scalata.ai for noncompliance.
- Safeguarding Access: Credentials, API keys, and admin accounts must be secured at all times. Suspected breaches must be reported to Scalata.ai immediately.
7. Subscription Plans, Payments, and Fees
Subscription terms, payment schedules, and fee structures are established by executed Order Forms and the SaaS agreement.
- Plans & Fees: Subscription plans, payment schedules, upgrade/downgrade rights, and refund limits are established by executed Order Forms and the SaaS agreement.
- Changes to Fees or Terms: Scalata.ai will provide 60-days written notice for changes. Customers may terminate with written notice if changes materially alter obligations.
8. Indemnification and Limitation of Liability
Both parties agree to the following indemnification and liability limitation terms.
- Indemnification: The Customer will indemnify and hold harmless Scalata.ai from liabilities arising from noncompliance, improper data use, or breaches of the agreement or applicable law.
- Limitation of Liability: In no event does aggregate liability exceed the fees paid in the preceding contract period, except for gross negligence or willful misconduct, or as otherwise required by law.
9. Term, Termination, and Return of Data
The term, renewal periods, and data return procedures are specified in Order Forms and order documentation.
- Term & Renewal: The term and renewal periods are set out in Order Forms. Early termination rights, effect of expiration, and procedures for return or deletion of Customer Data are specified in the order documentation.
- Data Portability: Upon termination, customers can request export or deletion of their data in compliance with legal mandates, subject to verification and payment of any outstanding fees.
10. Dispute Resolution & Governing Law
This agreement is governed by the laws of Delaware and the United States, with specific dispute resolution procedures.
- Governing Law: This agreement is governed by the laws of Delaware and the United States, with venue in the state or federal courts of New York City, NY, unless superseded by mandatory consumer protection or privacy statutes.
- Disputes: Disputes are to be resolved through good-faith negotiation, followed by mediation or arbitration as outlined in the full Subscription Agreement.
11. Amendments & Notices
All amendments and notices must follow formal procedures outlined below.
- Contract Changes: Amendments must be in writing and signed by both parties unless legally required.
- Notices: All notices must be delivered to the addresses in the relevant Order Form.
12. Additional Compliance
Additional compliance requirements and audit rights apply to all platform usage.
- Third-Party Services: If integrated with third-party solutions, the customer is responsible for compliance and contractual obligations in such use.
- Audit Rights: Scalata.ai reserves the right, and may be compelled by regulation, to audit usage and compliance with these terms and applicable law.