1. Who we are
These Terms of Service (“Terms”) are a contract between you (“you”, “your”) and ScalePlant (“we”, “us”, “our”) governing access to and use of our websites, software, dashboards, documentation, and any related services we make available (together, the “Services”).
By accessing or using the Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree, you must not use the Services.
2. Eligibility and accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services on your own behalf. If you use the Services on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.
You are responsible for maintaining the confidentiality of any login credentials and for all activity under your account. You must notify us promptly of any unauthorised use or security breach.
3. Acceptable use
You agree not to misuse the Services. Without limitation, you must not: (a) attempt to gain unauthorised access to our systems, other users’ accounts, or third-party networks; (b) interfere with or disrupt the integrity or performance of the Services; (c) use the Services to distribute malware, spam, or unlawful content; (d) scrape, harvest, or automate access in a way that imposes an unreasonable load or circumvents technical limits; (e) reverse engineer our software except where applicable law expressly permits; or (f) use the Services in breach of applicable law or third-party rights.
We may suspend or terminate access where we reasonably believe you have breached this section or where necessary to protect the Services or other users.
4. Your content
You retain ownership of content you submit, upload, or generate through the Services (“Your Content”). You grant us a non-exclusive, worldwide licence to host, process, transmit, display, and otherwise use Your Content solely to provide, secure, and improve the Services, and as described in our Privacy Policy.
You represent that you have all rights necessary to grant the licence above and that Your Content does not infringe any third-party rights or violate applicable law.
5. Intellectual property
The Services, including software, branding, documentation, and design, are owned by us or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.
You may not remove proprietary notices, copy our branding in a misleading way, or imply a partnership or endorsement where none exists.
6. Third-party services
The Services may integrate with or link to third-party products (for example hosting, analytics, or authentication providers). Those services are governed by their own terms and privacy notices. We are not responsible for third-party services we do not control.
Scheduling (Calendly). We use Calendly LLC (“Calendly”) so you can book calls or meetings with us through an embedded scheduling widget on our website. When you use Calendly, you interact with Calendly’s service as well as with us. Calendly’s processing of personal data is described in Calendly’s privacy policy and related notices, and your use of Calendly is also subject to Calendly’s terms of use. We do not control Calendly’s platform, but we use it as a booking tool and receive the information needed to attend the meeting and follow up with you.
Where we configure our Calendly embed not to show Calendly’s separate cookie banner, we rely on our own cookie consent (see our Cookie Policy) and this disclosure in these Terms and in our Privacy Policy, as Calendly requires when that option is used.
7. Plans, fees, and taxes
Certain features may be offered on a subscription or usage basis. Fees, billing cycles, and renewal terms will be presented at the point of purchase or in an order form. Unless stated otherwise, fees are exclusive of applicable taxes, which you are responsible for paying.
We may change pricing with reasonable notice where required by law. If you do not agree to a change, you may cancel in accordance with the cancellation terms presented at purchase.
8. Availability and changes
We aim to keep the Services available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features with reasonable notice where practicable.
We may update these Terms from time to time. We will post the updated Terms on our website and update the “Last updated” date. Continued use after changes constitutes acceptance, except where your explicit consent is required by law.
9. Disclaimer
To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
10. Limitation of liability
Subject to the preceding section, our total aggregate liability arising out of or relating to the Services or these Terms shall not exceed the greater of (a) the amounts you paid us for the Services in the twelve months before the claim arose, or (b) one hundred British pounds (£100), except where prohibited by law.
We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business opportunities.
11. Indemnity
You will defend and indemnify us against any claims, damages, losses, and costs (including reasonable legal fees) arising from Your Content or your breach of these Terms or applicable law.
12. Termination
You may stop using the Services at any time. We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we discontinue the Services in line with section 8.
Provisions which by their nature should survive (including intellectual property, disclaimer, limitation of liability, and governing law) will survive termination.
13. Governing law and disputes
These Terms are governed by the laws of England and Wales, without regard to conflict-of-law principles. The courts of England and Wales shall have exclusive jurisdiction, subject to any mandatory rights you may have under local consumer protection laws.
14. Contact
Questions about these Terms can be sent via the contact options listed on our website.
