Business Address: DataScalePro 5655 Silver Creek Valley Rd #450 San Jose, CA 95128
Welcome to DataScalePro (“we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website (https://datascalepro.com/) (the “Site”), any related software, services, automations, AI-powered features, and SMS/email communications we provide (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms in their entirety. If you do not agree, please discontinue use of the Service immediately.
1. Introduction
These Terms form a legally binding agreement between you and DataScalePro. Please also review our Privacy Policy, which explains how we collect and use your personal data. Your use of the Service constitutes acceptance of both these Terms and our Privacy Policy.
2. Acceptance of Terms
By accessing or using the Service—including browsing the Site, registering an account, purchasing services, or opting into SMS or email communications—you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.
3. User Responsibilities and Conduct
3.1 Lawful Use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including marketing, advertising, data protection, and consumer protection laws.
3.2 Prohibited Conduct
You shall not:
• Engage in harassment, threats, spam, or unlawful or abusive behavior
• Send unsolicited or non-compliant bulk messages
• Use unauthorized automated access (bots, scrapers, or similar tools)
• Disrupt or compromise the security or integrity of the Service
• Upload malware, viruses, or harmful code
• Misuse AI-generated outputs in a manner that violates laws or third-party rights
You are solely responsible for your content, campaigns, communications, and compliance obligations.
4. Intellectual Property Rights
4.1 Ownership of Content
All content, software, workflows, designs, text, graphics, logos, and features available through the Site or Service are owned by or licensed to DataScalePro and are protected by applicable intellectual property laws.
4.2 License to Use
We grant you a limited, revocable, non-exclusive, and non-transferable license to access and use the Service for your internal business purposes only. No ownership rights are transferred.
5. Account Information and Security
5.1 Account Creation
Certain features of the Service require account registration. You agree to provide accurate, current, and complete information and to keep your account information updated.
5.2 Security Obligations
You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must notify us immediately of any unauthorized use or security breach.
6. Payment Terms
6.1 Pricing and Billing
All prices are disclosed prior to purchase. By providing a payment method, you authorize DataScalePro or its payment processors to charge applicable fees, including recurring subscription fees where applicable.
6.2 Setup Fees
One-time setup, onboarding, or implementation fees are non-refundable, as they cover immediate custom work that begins upon signup. If setup work is materially incomplete, refunds may be prorated at our discretion.
6.3 Refunds
Subscriptions include a 30-day money-back guarantee for the first monthly subscription payment only. Setup fees are excluded. Refund requests must be submitted within 30 days by contacting support. After the refund period, all payments are non-refundable.
6.4 Failed Payments and Chargebacks
Failure to pay or initiating a chargeback without contacting support may result in suspension or termination of your access to the Service.
7. Privacy and Data
Your use of the Service is subject to our Privacy Policy. We do not sell or share SMS opt-in phone numbers or personal data with third parties for marketing purposes.
8. SMS and Email Communications
8.1 Consent
By opting in, you consent to receive SMS or email messages from DataScalePro, including reminders, notifications, service alerts, and updates. Typical frequency is 1–5 messages per week, unless user-initiated.
8.2 Message and Data Rates
Standard message and data rates may apply based on your carrier.
8.3 Opt-Out
You may opt out at any time by replying STOP to SMS messages or using the unsubscribe link in emails.
8.4 Help
For assistance, reply HELP or contact support.
9. AI Features Disclaimer
AI-powered tools and outputs are provided “as is” without guarantees of accuracy, compliance, or results. AI outputs may contain errors, biases, or hallucinations. You are solely responsible for reviewing, validating, and approving all AI-generated content before use.
10. Warranties and Disclaimers
The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
11. Limitation of Liability
To the fullest extent permitted by law, DataScalePro shall not be liable for any indirect, incidental, special, consequential, or punitive damages, except where caused by gross negligence or willful misconduct. Our total liability shall not exceed the fees paid by you to DataScalePro in the twelve (12) months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless DataScalePro, its officers, employees, and affiliates from any claims, damages, losses, or expenses arising from your use of the Service, violation of these Terms, or misuse of AI-generated outputs.
13. Force Majeure
We are not liable for failures or delays resulting from events beyond our reasonable control, including natural disasters, cyberattacks, government actions, or third-party service outages.
14. Termination or Suspension
We may suspend or terminate your access to the Service for material violations of these Terms. Where feasible, we will provide seven (7) days’ notice and an opportunity to cure. Immediate action may be taken for legal, security, or compliance reasons.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Delaware. Class actions and jury trials are waived.
16. Changes to Terms
We may update these Terms at our discretion. Continued use of the Service after changes constitutes acceptance. Material changes may be communicated via email or the Site.
17. Contact Information
If you have questions about these Terms, please contact us: