Terms of Service

Last updated: March 3, 2026

Effective immediately for new users; existing users are bound 30 days after notice.

1. Acceptance of Terms

By creating an account, accessing, or using any part of the Scalegrowth platform, websites, APIs, SDKs, embeddable scripts, mobile applications, or any related services (collectively, the "Service"), operated by Scalegrowth Digital Private Limited ("Scalegrowth", "Company", "we", "us", or "our"), you ("User", "you", or "your") unconditionally agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, our Acceptable Use Policy, and all other policies incorporated herein by reference (collectively, the "Agreement").

If you are using the Service on behalf of a company, organization, agency, or any other legal entity, you represent and warrant that you have full authority to bind that entity to this Agreement. In such case, "you" and "your" refer to that entity.

IF YOU DO NOT AGREE TO ALL TERMS IN THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THE SERVICE. YOUR CONTINUED USE CONSTITUTES ONGOING ACCEPTANCE.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is greater) to use the Service. By using the Service, you represent and warrant that: (a) you meet the minimum age requirement; (b) you have the legal capacity to enter into a binding agreement; (c) you are not barred from using the Service under applicable law; and (d) your use of the Service will not violate any applicable law or regulation in your jurisdiction.

3. Description of Service

Scalegrowth is a performance marketing platform that provides tools for advertising campaign management, AI-powered optimization, landing page creation and hosting, lead tracking, analytics, A/B testing, automation, and reporting across advertising platforms including but not limited to Google Ads, Meta Ads, LinkedIn Ads, and TikTok Ads. The Service may also include third-party integrations, embeddable tracking scripts, e-commerce webhooks, and API access.

The Service is provided on an "as available" basis. We reserve the right to modify, suspend, or discontinue any feature, functionality, or aspect of the Service at any time, with or without notice, and without liability to you.

4. Account Registration & Responsibilities

You acknowledge and agree that:

  • You must provide accurate, current, and complete registration information and update it promptly if it changes.
  • You are solely responsible for maintaining the confidentiality of your account credentials, API keys, and access tokens.
  • You are solely and fully responsible for all activities that occur under your account, whether or not authorized by you.
  • You must immediately notify us at security@scalegrowth.digital of any suspected unauthorized access or security breach.
  • One person or legal entity may not maintain more than one free-tier account.
  • We may suspend or terminate your account at our sole discretion if we suspect any violation of these Terms.
  • You must not share account credentials with unauthorized parties or allow multiple individuals to use a single-user account.

WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO MAINTAIN ACCOUNT SECURITY.

5. AI Optimization & Automation Disclaimer

THIS IS A CRITICAL SECTION. PLEASE READ IT CAREFULLY.

The Service provides AI-powered optimization recommendations, automated campaign adjustments, bid modifications, budget reallocations, audience targeting changes, ad creative suggestions, landing page optimizations, and other automated actions (collectively, "AI Actions"). You expressly acknowledge, understand, and agree to the following:

  • No Guarantees of Performance. AI Actions are probabilistic in nature and are based on statistical models, machine learning algorithms, and historical data patterns. We make absolutely no guarantee, representation, or warranty that AI Actions will improve your advertising performance, increase conversions, reduce costs, generate leads, drive revenue, or achieve any specific outcome.
  • You Control Autonomy Levels. The Service provides configurable autonomy levels (Level 0 through Level 4). You are solely responsible for selecting the appropriate autonomy level. Higher autonomy levels grant the system permission to make changes without manual approval. You accept all risks associated with your chosen autonomy level.
  • Ad Spend is Your Responsibility. Scalegrowth does not directly control your advertising budgets. Your ad spend is billed by and paid to third-party advertising platforms (Google, Meta, LinkedIn, TikTok, etc.), not to Scalegrowth. Any changes to bids, budgets, or targeting made through AI Actions or automation rules may increase or decrease your ad spend. You are solely responsible for monitoring your ad spend and setting appropriate budget limits on the advertising platforms themselves.
  • AI Can Make Suboptimal Decisions. AI and machine learning models may make errors, produce suboptimal recommendations, misinterpret data, or take actions that negatively impact your campaign performance. You accept this inherent risk.
  • Third-Party AI Providers. The Service may utilize third-party AI and LLM providers (including but not limited to OpenAI, Anthropic, Google, and others). We do not control these providers and are not responsible for their outputs, accuracy, availability, or changes to their services.
  • No Fiduciary Duty. Scalegrowth does not owe you a fiduciary duty. Our AI-generated recommendations are not professional marketing advice, financial advice, or business advice. You should exercise your own independent judgment and consult qualified professionals before making significant business decisions.

BY USING AI FEATURES, YOU EXPRESSLY ASSUME ALL RISK OF LOSS, INCLUDING FINANCIAL LOSS FROM AD SPEND, LOST REVENUE, LOST LEADS, DECREASED PERFORMANCE, AND ANY OTHER DAMAGES ARISING FROM OR RELATED TO AI ACTIONS, WHETHER OR NOT SUCH ACTIONS WERE INITIATED AUTOMATICALLY.

6. Landing Pages, Content & Hosted Services

You may use the Service to create, host, and publish landing pages. You are solely and exclusively responsible for all content published through Scalegrowth-hosted landing pages, including text, images, videos, forms, scripts, and any other material. You represent and warrant that:

  • All content you publish complies with applicable laws and regulations in every jurisdiction where it is accessible.
  • You have all necessary rights, licenses, and permissions for all content you upload or publish.
  • Your content does not infringe upon any third-party intellectual property rights, privacy rights, or any other rights.
  • Your landing pages comply with the advertising policies of all connected ad platforms.
  • You are responsible for obtaining and maintaining all required legal disclosures, cookie consent banners, and privacy notices on your landing pages.

We reserve the right to remove any content or suspend any landing page at our sole discretion, without prior notice, if we reasonably believe it violates these Terms, applicable law, or could expose Scalegrowth to liability.

7. Third-Party Platform Integrations

The Service integrates with third-party advertising platforms, CRM systems, e-commerce platforms, payment processors, and other services ("Third-Party Platforms"). You acknowledge and agree that:

  • Your use of Third-Party Platforms is governed by their respective terms of service and privacy policies, not ours.
  • We are not responsible for the availability, accuracy, security, or functionality of any Third-Party Platform.
  • Changes made by Third-Party Platforms to their APIs, policies, or services may impact or disable features in our Service without notice.
  • We are not responsible for any data loss, corruption, or unauthorized access resulting from Third-Party Platform integrations.
  • You are responsible for compliance with all Third-Party Platform terms when using our Service to interact with them.
  • Revoking OAuth access to Third-Party Platforms may disable corresponding features in our Service.

8. Billing, Payment & Subscription

  • Subscription fees are billed in advance on a monthly or annual basis, depending on your chosen plan.
  • All fees are non-refundable except as expressly stated in this section or required by applicable law.
  • Refund requests may be submitted within 14 days of initial purchase only. No refunds are available for renewal periods, upgrades, or partial months.
  • We reserve the right to change pricing with 30 days' written notice. Continued use after the effective date constitutes acceptance of new pricing.
  • Failure to pay may result in suspension or termination of your account and loss of data.
  • You are responsible for all taxes, duties, and levies applicable to your subscription.
  • Payments are processed by third-party payment processors (Stripe, Razorpay). We do not store your full payment card details.
  • Ad spend charged by advertising platforms is entirely separate from Scalegrowth subscription fees and is not our responsibility.
  • Chargebacks or payment disputes filed in bad faith may result in immediate account termination and collection action.

9. Data Ownership & Licenses

Your Data. You retain all ownership rights to data you upload, sync, or generate through the Service ("Your Data"). By using the Service, you grant Scalegrowth a non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Your Data solely for the purpose of providing and improving the Service.

Aggregated Data. We may use aggregated, anonymized, and de-identified data derived from your usage of the Service for analytics, benchmarking, research, product improvement, and marketing purposes. This aggregated data cannot reasonably be used to identify you or your organization.

Our IP. The Service, including all software, algorithms, AI models, interfaces, documentation, trade secrets, trademarks, and all intellectual property therein, is and remains the exclusive property of Scalegrowth. Nothing in this Agreement transfers any intellectual property rights to you except the limited license to use the Service pursuant to these Terms.

Feedback. Any feedback, suggestions, ideas, or improvements you provide regarding the Service become our property. We may use such feedback without restriction, attribution, or compensation.

10. Acceptable Use Policy

You agree not to, and will not permit any third party to:

  • Use the Service to violate any applicable local, state, national, or international law or regulation.
  • Use the Service for fraudulent advertising, click fraud, impression fraud, or any deceptive marketing practices.
  • Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure.
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
  • Use automated tools (bots, scrapers, crawlers) to access the Service beyond authorized API usage.
  • Circumvent rate limits, usage quotas, or security measures of the Service.
  • Interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure.
  • Use the Service to advertise or promote illegal products, services, or content.
  • Use the Service to collect, store, or process personal data in violation of applicable privacy laws.
  • Resell, sublicense, or provide access to the Service to third parties without explicit written authorization.
  • Upload or transmit viruses, malware, or any other malicious code through the Service.
  • Use the Service to send unsolicited communications (spam) or violate anti-spam laws (CAN-SPAM, CASL, etc.).

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund, and we reserve the right to pursue legal remedies.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCALEGROWTH EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY DATA, CONTENT, INFORMATION, OR RESULTS OBTAINED THROUGH THE SERVICE.
  • WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
  • WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF AI-GENERATED RECOMMENDATIONS, PREDICTIONS, OR AUTOMATED ACTIONS.
  • WARRANTIES REGARDING THE PERFORMANCE OF YOUR ADVERTISING CAMPAIGNS, LEAD GENERATION, OR BUSINESS OUTCOMES.

No advice or information, whether oral or written, obtained from Scalegrowth or through the Service, shall create any warranty not expressly stated herein. You acknowledge that you use the Service at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • No Indirect Damages. IN NO EVENT SHALL SCALEGROWTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, WASTED AD SPEND, DECREASED CAMPAIGN PERFORMANCE, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF SCALEGROWTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  • Liability Cap. SCALEGROWTH'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU TO SCALEGROWTH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
  • Ad Spend Exclusion. SCALEGROWTH SHALL HAVE ZERO LIABILITY FOR ANY ADVERTISING SPEND INCURRED ON THIRD-PARTY PLATFORMS, WHETHER OR NOT SUCH SPEND WAS INFLUENCED BY AI ACTIONS, AUTOMATION RULES, OR RECOMMENDATIONS GENERATED THROUGH THE SERVICE. YOUR AD SPEND IS YOUR SOLE RESPONSIBILITY.
  • Time Limitation. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Scalegrowth, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and successors from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use or misuse of the Service.
  • Your breach of any provision of this Agreement.
  • Your violation of any applicable law, regulation, or third-party right.
  • Content you create, upload, or publish through the Service, including landing pages.
  • Your advertising campaigns, ad content, or marketing practices conducted through the Service.
  • Any dispute between you and a third party (including ad platforms, leads, customers, or end users).
  • Your use of or reliance on AI Actions, automated optimizations, or recommendations.
  • Any claim by your employees, contractors, clients, or end users related to the Service.
  • Your failure to comply with applicable data protection and privacy laws.

This indemnification obligation survives the termination of your account and this Agreement. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification.

14. Mandatory Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

14.1 Agreement to Arbitrate. You and Scalegrowth agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, or the relationship between you and Scalegrowth (including claims arising before this Agreement and claims that may arise after termination) shall be resolved exclusively through final and binding arbitration, rather than in court, except for claims that qualify for small claims court.

14.2 Arbitration Rules. For users in India, arbitration shall be conducted under the Arbitration and Conciliation Act, 1996 (as amended) in Mumbai, India. For users outside India, arbitration shall be conducted under the UNCITRAL Arbitration Rules by a sole arbitrator appointed in accordance with those rules. The language of arbitration shall be English. The seat of arbitration for international users shall be Singapore.

14.3 No Class Actions. YOU AND SCALEGROWTH AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.

14.4 Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

14.5 Injunctive Relief. Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14.6 Opt-Out. You may opt out of this arbitration provision by sending written notice to legal@scalegrowth.digital within 30 days of first accepting these Terms. If you opt out, disputes will be resolved under Section 20 (Governing Law).

15. Termination

15.1 By You. You may terminate your account at any time through your account settings or by contacting support@scalegrowth.digital. Termination does not entitle you to a refund of any prepaid fees.

15.2 By Us. We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) fraudulent, abusive, or illegal activity; (c) non-payment; (d) extended inactivity; (e) request by law enforcement or government agency; or (f) discontinuation of the Service.

15.3 Effect of Termination. Upon termination: (a) your right to use the Service immediately ceases; (b) we may delete your data after a 30-day grace period (during which you may request data export); (c) all outstanding payment obligations become immediately due; (d) provisions that by their nature should survive termination shall survive, including Sections 5, 9, 11, 12, 13, 14, 17, and 20.

15.4 No Liability for Termination. Scalegrowth shall not be liable to you or any third party for any termination of your access to the Service.

16. Confidentiality

Both parties agree to maintain the confidentiality of any non-public information exchanged in connection with the Service, including but not limited to account data, business metrics, campaign strategies, API keys, and pricing terms. This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed; or (d) is required to be disclosed by law, regulation, or court order.

17. Security Disclaimer

Scalegrowth implements commercially reasonable security measures, including encryption in transit (TLS 1.2+) and at rest (AES-256), role-based access controls, audit logging, regular vulnerability assessments, and adherence to SOC 2 Type II and ISO 27001 security frameworks. We continually invest in security infrastructure and follow industry best practices to protect the Service and your data.

HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT NO PLATFORM, SYSTEM, OR TECHNOLOGY — REGARDLESS OF THE SECURITY MEASURES IMPLEMENTED — IS COMPLETELY IMMUNE TO SECURITY BREACHES, CYBERATTACKS, UNAUTHORIZED ACCESS, DATA LOSS, OR OTHER SECURITY INCIDENTS. NO SOFTWARE IS "HACK-PROOF."

To the maximum extent permitted by applicable law, Scalegrowth shall not be held liable for any data breach, unauthorized access, data loss, data corruption, or security incident resulting from: (a) sophisticated cyberattacks, zero-day vulnerabilities, or advanced persistent threats beyond commercially reasonable prevention; (b) vulnerabilities in third-party software, libraries, or infrastructure providers; (c) your failure to maintain adequate account security, including weak passwords, shared credentials, or compromised API keys; (d) social engineering attacks targeting you or your organization; (e) actions of state-sponsored actors or organized cybercriminals; or (f) events constituting force majeure as described in Section 18 (Force Majeure).

You accept the inherent risks of transmitting data over the Internet and storing data electronically. You are responsible for implementing your own security measures for data you export or download from the Service.

18. Force Majeure

Scalegrowth shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions, sanctions, embargoes, labor disputes, power failures, internet or telecommunications failures, cyberattacks, DDoS attacks, failures of third-party service providers (including cloud hosting, advertising platforms, and payment processors), changes in applicable law or regulation, or any other event beyond our reasonable control.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or prominent notice within the Service at least 30 days before taking effect. Non-material changes may take effect immediately upon posting. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, your sole remedy is to terminate your account before the effective date.

20. Governing Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles. Subject to Section 14 (Arbitration) and Section 17 (Security Disclaimer), any disputes not subject to arbitration shall be subject to the exclusive jurisdiction of the courts located in Mumbai, Maharashtra, India. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue.

21. Export Controls & Sanctions

You represent and warrant that you are not located in, or a resident of, any country subject to comprehensive economic sanctions, and that you are not listed on any government restricted party list. You agree to comply with all applicable export control laws and regulations in connection with your use of the Service.

22. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, it shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

23. Entire Agreement

This Agreement (including the Privacy Policy and all policies incorporated by reference) constitutes the entire agreement between you and Scalegrowth regarding the Service and supersedes all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties (or, in the case of Scalegrowth, posted as an updated version of these Terms). The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

24. Assignment

You may not assign or transfer this Agreement or any rights hereunder without our prior written consent. Scalegrowth may assign this Agreement without restriction, including in connection with a merger, acquisition, corporate restructuring, or sale of assets.

25. Notices

Notices to Scalegrowth must be sent to legal@scalegrowth.digital. Notices to you may be sent to the email address associated with your account. Email notices are deemed received 24 hours after sending. In-Service notices are deemed received when displayed.

26. Contact Information

For questions about these Terms:

  • Email: legal@scalegrowth.digital
  • Support: support@scalegrowth.digital
  • Security: security@scalegrowth.digital

Scalegrowth Digital Private Limited. All rights reserved.