Please read these Terms of Service carefully before using ScaleYourProduct's platform, API, websites, or related services (collectively, the "Service"). By clicking "accept" or using the Service, you and the entity you represent ("Subscriber," "You," or "Customer") agree to be bound by this Agreement with Oryx Innovation GmbH, trading as ScaleYourProduct ("Company," "we," or "us").
You confirm you have the authority to bind the entity you represent. If you do not agree to all terms, do not use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Definitions:
Updates to Terms:
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Any new features or tools added to the Service shall also be subject to these Terms. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
This Agreement, including all referenced policies, constitutes the entire agreement governing your use of the Service.
1.1 General Policy
Except as expressly set forth in this Section, all fees paid to ScaleYourProduct ("Company," "we," "us") are non-refundable and non-transferable.
1.2 New Customer Refund Window
New customers may request a full refund within fourteen (14) days of their initial subscription purchase, provided that:
(a) The refund request is submitted within 14 days of the original payment timestamp;
(b) The account has not been used to send any email campaigns, sequences, or outreach messages;
(c) No domains or mailboxes have been provisioned or configured;
(d) No credits have been consumed;
(e) The request is submitted via email to accounts@scaleyourproduct.com with subject line "Refund Request - [Account Email]."
If any of the above conditions are not met, the refund request will be denied. This 14-day window applies only to the initial subscription purchase and does not apply to renewals, upgrades, add-ons, or domain/mailbox purchases.
1.3 Subscription Renewal Refunds
You may request a refund within two (2) calendar days of an automatic subscription renewal, provided that:
(a) You have not used any platform features since the renewal date;
(b) No credits have been consumed since the renewal;
(c) You submit the request via email to accounts@scaleyourproduct.com.
Refunds for renewals are evaluated on a case-by-case basis and granted at our sole discretion.
1.4 Non-Refundable Items
The following are non-refundable under any circumstances:
(a) Domain purchases — All domain registrations are final. You retain full ownership of purchased domains and may transfer them to another registrar after cancellation;
(b) Mailbox setup fees — Initial mailbox provisioning fees are non-refundable;
(c) Done-For-You Services — All managed service fees are non-refundable once work has commenced;
(d) Accounts terminated for policy violations — No refunds will be issued for accounts suspended or terminated due to violations of our Terms of Service, Acceptable Use Policy, or anti-spam guidelines.
1.5 Refund Processing & Chargebacks
Approved refunds will be processed within five (5) to seven (7) business days to the original payment method. Transaction fees charged by payment processors (e.g., Stripe, PayPal) are non-refundable and will be deducted from the refund amount where applicable.
Initiating a chargeback or payment dispute with your bank or payment provider without first contacting us at accounts@scaleyourproduct.com constitutes a breach of this Agreement. Accounts associated with chargebacks will be immediately suspended, and we reserve the right to pursue collection of any amounts owed plus reasonable legal fees.
2.1 Domain Ownership
Domains purchased through ScaleYourProduct are registered in your name and remain your property. Upon cancellation of your subscription:
(a) You retain full ownership of all domains purchased through our platform;
(b) You may transfer domains to any registrar of your choice;
(c) We will provide transfer authorization codes upon request within 48 hours;
(d) Domain renewal fees remain your responsibility after subscription cancellation.
2.2 Domain Refunds
Domain purchases are final and non-refundable. This includes:
(a) New domain registrations;
(b) Domain renewals;
(c) Premium domain purchases;
(d) Domain privacy protection fees.
If a domain registration fails due to a technical error on our part, we will either re-attempt the registration or issue a refund for that domain only.
2.3 Mailbox Provisioning
Email mailboxes provisioned through our platform are subject to the following terms:
(a) Setup: Mailboxes are configured within 24-48 hours of subscription activation;
(b) Ownership: Mailboxes are tied to your ScaleYourProduct account and cannot be transferred to external email providers;
(c) Limits: Mailbox limits are determined by your subscription plan. Exceeding limits may result in additional charges or service restrictions;
(d) Warm-up: New mailboxes require a warm-up period. Sending volume limits during warm-up are determined by our deliverability algorithms.
2.4 Data Retention After Cancellation
Upon subscription cancellation or termination:
(a) Immediate: Access to sending features, sequences, and campaigns is revoked;
(b) 7 days: Campaign data, analytics, and contact lists remain accessible in read-only mode;
(c) 30 days: All mailbox data, sent/received emails, and campaign data are permanently deleted;
(d) Domains: Domain DNS records are preserved. You must update DNS to point to your new email provider within 30 days or risk delivery failures;
(e) Backups: We do not provide data exports after the 7-day read-only period. You are responsible for exporting data before cancellation.
2.5 Infrastructure Abuse
Misuse of email infrastructure, including but not limited to sending spam, phishing, malware, or content that violates CAN-SPAM, GDPR, or other applicable regulations, will result in:
(a) Immediate suspension of all sending capabilities;
(b) Termination of your account without refund;
(c) Permanent ban from our platform;
(d) Reporting to relevant anti-spam organizations and authorities where required by law.
2.6 Account Security and User Credentials
You are responsible for keeping all user account credentials (including email and password) secure. You will bear all liability for activities performed under your accounts, whether authorized by you or not.
(a) API Keys and Tokens: If you store, input, or use any API keys, access tokens, authentication credentials, or secrets from third-party services (including but not limited to OpenAI, Google, Microsoft, LinkedIn, CRM systems, or any other external platforms) within our Service, you do so entirely at your own risk. ScaleYourProduct is not responsible for:
(b) User Responsibility for Credentials: You are solely responsible for:
(c) No Liability for Security Incidents: SCALEYOURPRODUCT SHALL NOT BE LIABLE FOR ANY SECURITY BREACHES, DATA LEAKS, HACKING INCIDENTS, UNAUTHORIZED ACCESS, OR CYBERATTACKS that result in:
(d) Security Best Practices: We strongly recommend that you:
2.7 Data Sharing with Third Parties
By using our Service, you acknowledge and agree that we may share your data, including but not limited to account information, usage data, campaign data, and contact lists, with third parties under the following circumstances:
(a) Service Providers: We share data with third-party service providers who assist us in operating our platform, including cloud hosting providers, payment processors, email infrastructure providers, analytics services, and AI/machine learning tools;
(b) Business Operations: We may share aggregated or anonymized data for business analytics, benchmarking, product improvement, and research purposes;
(c) Legal Requirements: We will disclose data when required by law, subpoena, court order, or government request, or when we believe disclosure is necessary to protect our rights, your safety, or the safety of others;
(d) Business Transfers: In the event of a merger, acquisition, bankruptcy, or sale of all or a portion of our assets, your data may be transferred to the acquiring entity;
(e) With Your Consent: We may share data with third parties when you explicitly consent to such sharing, including when you connect third-party integrations or authorize data exports;
(f) Fraud Prevention: We may share data with fraud prevention services, anti-spam organizations, and law enforcement to prevent abuse of our platform.
YOU ACKNOWLEDGE THAT ONCE DATA IS SHARED WITH THIRD PARTIES, IT IS SUBJECT TO THEIR PRIVACY POLICIES AND SECURITY PRACTICES, OVER WHICH SCALEYOURPRODUCT HAS NO CONTROL. We are not responsible for the actions, security practices, or data handling of any third party.
2.8 No Liability for Data Breaches
SCALEYOURPRODUCT EXPRESSLY DISCLAIMS ALL LIABILITY FOR DATA BREACHES, SECURITY INCIDENTS, OR UNAUTHORIZED ACCESS, whether affecting our systems, third-party systems, or your own systems. Without limiting the foregoing:
(a) We are not liable for any breach, hack, or unauthorized access to our servers, databases, or infrastructure, regardless of cause;
(b) We are not liable for any security incidents at third-party service providers we use, including but not limited to cloud hosting providers, payment processors, or email infrastructure providers;
(c) We are not liable for any exposure of data you have stored, transmitted, or processed through our Service;
(d) We are not liable for any consequences arising from data breaches, including identity theft, financial fraud, reputational damage, regulatory fines, or legal claims;
(e) We are not liable for any failure to notify you of a security incident in a timely manner, except as required by applicable law;
(f) YOUR SOLE REMEDY in the event of a data breach affecting your account is to terminate your subscription. No refunds, credits, or compensation will be provided for security incidents.
By using our Service, you accept that no system is completely secure, and you assume the risk of storing data on any internet-connected platform.
2.9 Done-For-You (DFY) Services
As part of DFY Services, we may create or configure email accounts and domain names for you. By using DFY Services, you authorize us to:
(a) Purchase and renew domains on your behalf;
(b) Charge your payment method for domain fees, renewal fees, or related services;
(c) Rename or reassign email accounts if needed (for example, to maintain deliverability);
(d) Retain administrative access to DFY accounts for service support and maintenance.
All DFY Services and associated fees are final sale and non-refundable.
2.10 Payment and Suspension
If payment for any fees (including subscription or domain fees) is overdue, we may suspend access to the Service and any DFY accounts or domains until payment is received in full.
2.11 No Guarantees on DFY Services
WE DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, INTEGRITY, OR LEGALITY OF YOUR DATA OR ACCOUNTS CREATED THROUGH THE DFY SERVICES. In particular:
(a) We make no guarantee of the success or results of any email campaigns or outreach launched via accounts we set up;
(b) We do not guarantee inbox placement, open rates, reply rates, or any specific deliverability metrics;
(c) You are solely responsible for ensuring that all campaigns and content comply with applicable laws and regulations, including CAN-SPAM, GDPR, CASL, and any other anti-spam or privacy laws;
(d) Any legal claims, regulatory fines, or third-party complaints arising from your use of DFY-created accounts are your sole responsibility.
3.1 Credit Allocation
Your subscription plan includes a monthly allocation of credits for lead scraping. Credit allocations are specified on our pricing page and in your subscription confirmation.
3.2 Credit Consumption
Credits are consumed when you use our lead scraping feature. Each scraped lead consumes one (1) credit. Failed operations due to our system errors do not consume credits.
3.3 Credit Expiration
(a) Monthly plans: Unused credits expire at the end of each billing cycle and do not roll over to the next month;
(b) Annual plans: Unused credits expire at the end of each calendar month within your annual subscription and do not accumulate;
(c) Bonus credits: Promotional or bonus credits expire according to the terms specified at the time of issuance, or within 30 days if no expiration is specified.
3.4 Credit Refunds
Credits are non-refundable and have no cash value. Unused credits cannot be:
(a) Exchanged for monetary refunds;
(b) Transferred to another account;
(c) Applied to future subscription payments;
(d) Converted to other services or features.
3.5 Credit Purchases
Additional credits may be purchased separately from your subscription. Purchased credits:
(a) Are non-refundable;
(b) Expire 12 months from the date of purchase;
(c) Are consumed after your monthly subscription credits are depleted.
3.6 Credit Disputes
If you believe credits were incorrectly consumed, you must notify us within seven (7) days of the disputed consumption by emailing accounts@scaleyourproduct.com with:
(a) Your account email;
(b) Date and time of the disputed consumption;
(c) Description of the action performed;
(d) Expected vs. actual credit deduction.
We will investigate and, if warranted, restore incorrectly consumed credits within 14 business days.
4.1 How to Cancel
You may cancel your subscription at any time using one of the following methods:
(a) Self-service: Log in to your account, navigate to Settings > Billing > Cancel Subscription, and follow the prompts;
(b) Email: Send a cancellation request to accounts@scaleyourproduct.com from your registered account email with subject line "Cancellation Request - [Account Email]."
Cancellation requests submitted via methods other than those listed above (e.g., social media, phone calls without follow-up email) may not be processed.
4.2 Cancellation Effective Date
(a) Cancellations take effect at the end of your current billing cycle;
(b) You will retain access to all paid features until the end of the billing period;
(c) No prorated refunds will be issued for unused time within a billing period;
(d) After the billing period ends, your account will be downgraded to a free plan (if available) or suspended.
4.3 Auto-Renewal
(a) All subscriptions automatically renew at the end of each billing cycle unless canceled;
(b) We will send a renewal reminder email at least twenty-four (24) hours before your renewal date;
(c) Renewal reminders are sent to your registered account email. It is your responsibility to ensure this email is current and that our emails are not filtered as spam;
(d) Failure to receive a renewal reminder does not entitle you to a refund.
4.4 Cancellation Notice for Annual Plans
For annual subscription plans:
(a) You must submit a cancellation request at least seven (7) days before your annual renewal date to avoid being charged for the next year;
(b) Cancellation requests submitted fewer than 7 days before renewal will take effect at the end of the next annual term.
4.5 Termination by ScaleYourProduct
We may suspend or terminate your account immediately and without prior notice if:
(a) You breach any provision of these Terms of Service;
(b) You violate our Acceptable Use Policy or anti-spam guidelines;
(c) Your payment method fails and you do not resolve the issue within 7 days of notification;
(d) We detect fraudulent activity, abuse, or conduct harmful to other users or our platform;
(e) Required by law or in response to a valid legal request.
4.6 Effect of Termination
Upon termination for any reason:
(a) Your right to access and use the Services immediately ceases;
(b) All outstanding fees become immediately due and payable;
(c) We may delete your data in accordance with Section 2.4;
(d) Provisions that by their nature should survive termination will remain in effect, including payment obligations, indemnification, limitation of liability, and dispute resolution.
4.7 Reactivation
If you cancel and later wish to reactivate your account:
(a) Within 30 days: Your data and settings may be restored upon reactivation;
(b) After 30 days: Your data has been permanently deleted. A new account setup will be required.
5.1 Price Changes
(a) We reserve the right to change subscription prices at any time;
(b) Price increases will be communicated via email at least fourteen (14) days before taking effect;
(c) Price changes apply to renewals after the notification period. Your current billing cycle is not affected;
(d) Continued use of the Services after a price change constitutes acceptance of the new pricing;
(e) If you do not agree with a price change, you may cancel your subscription before the renewal date.
5.2 Failed Payments
(a) If your payment method fails, we will attempt to charge it again within 3-5 days;
(b) You will receive email notifications of failed payment attempts;
(c) If payment is not resolved within 7 days, your account may be downgraded or suspended;
(d) Accounts suspended for non-payment may be terminated after 30 days, and data may be deleted per Section 2.4.
5.3 Billing Disputes
(a) If you believe you have been incorrectly charged, contact accounts@scaleyourproduct.com within 30 days of the charge;
(b) Provide your account email, transaction date, amount, and reason for dispute;
(c) We will investigate and respond within 14 business days;
(d) Valid billing errors will be corrected via refund or account credit;
(e) Initiating a chargeback without first contacting us violates these Terms and may result in account termination.
5.4 Taxes and VAT
All prices displayed are exclusive of taxes. You are solely responsible for any applicable taxes, including VAT, sales tax, or other similar charges in your jurisdiction. For B2B transactions within the European Union, the reverse charge mechanism applies where applicable, and you are responsible for self-assessing and remitting VAT to your local tax authority.
6.1 User Assumes Full Responsibility
You acknowledge and agree that you are solely responsible for:
(a) All content you create, upload, send, or distribute through the Services, including but not limited to email campaigns, sequences, messages, subject lines, and any attachments;
(b) All actions taken using your account, whether authorized by you or not;
(c) Ensuring your use of the Services complies with all applicable local, state, national, and international laws and regulations;
(d) Obtaining all necessary consents, permissions, and authorizations before contacting any individual or entity through our platform;
(e) The accuracy, legality, and appropriateness of all data you upload, import, or use in connection with the Services.
6.2 Data Sourcing and Scraping Liability
YOU ARE SOLELY RESPONSIBLE FOR THE SOURCE, ACCURACY, AND LEGALITY OF ALL DATA YOU USE WITH OUR SERVICES. ScaleYourProduct has no liability whatsoever for:
(a) Scraped or harvested data: If you use email lists, contact information, or lead data obtained through web scraping, harvesting, purchasing from third parties, or any other method, you assume full legal and financial responsibility for the acquisition and use of such data;
(b) Data accuracy: We do not verify the origin, accuracy, or consent status of any contacts or data you import into our platform;
(c) Third-party claims: Any claims, demands, lawsuits, regulatory actions, fines, or penalties arising from your use of scraped, purchased, or improperly obtained data are your sole responsibility;
(d) Compliance violations: Any violations of CAN-SPAM, GDPR, CCPA, CASL, PECR, or any other privacy or anti-spam regulations resulting from your data sourcing practices;
(e) Cease and desist demands: Any legal demands from individuals or organizations whose data you obtained or contacted without proper consent.
By using our Services, you represent and warrant that all data you use has been obtained lawfully and with all necessary consents. We reserve the right to terminate your account immediately if we have reason to believe your data was obtained improperly.
6.3 No Liability for User Communications and Content
SCALEYOURPRODUCT SHALL NOT BE LIABLE FOR ANY COMMUNICATIONS SENT BY USERS THROUGH OUR PLATFORM. This includes, without limitation:
(a) Threatening or harassing content: If you or anyone using your account sends threatening, harassing, abusive, defamatory, or intimidating messages to any person or entity, ScaleYourProduct bears no responsibility or liability whatsoever for such communications;
(b) Illegal content: Any illegal, fraudulent, misleading, or deceptive content sent through our platform;
(c) Spam and unsolicited messages: Unsolicited commercial messages, spam, or bulk emails sent in violation of applicable laws;
(d) Impersonation: Messages that impersonate another person, company, or entity;
(e) Phishing or scams: Attempts to deceive recipients, obtain sensitive information fraudulently, or perpetrate scams;
(f) Malware distribution: Any attempt to distribute viruses, malware, or malicious code;
(g) Intellectual property infringement: Content that infringes on any third party's intellectual property rights;
(h) Privacy violations: Content or actions that violate any individual's privacy rights.
You acknowledge that ScaleYourProduct is a technology platform provider and does not monitor, review, endorse, or assume responsibility for the content of user communications. Each user is solely and fully responsible for the content and consequences of their messages.
6.4 Indemnification
You agree to indemnify, defend, and hold harmless ScaleYourProduct, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) Your use of the Services;
(b) Your violation of these Terms of Service or any applicable law;
(c) Your violation of any third party's rights, including privacy, intellectual property, or contractual rights;
(d) Any content you create, upload, send, or distribute through the Services;
(e) Any data you import, use, or process through the Services, including scraped, purchased, or improperly obtained data;
(f) Any claims from recipients of your communications;
(g) Any regulatory actions, fines, or penalties resulting from your use of the Services;
(h) Any threats, harassment, defamation, or other harmful communications sent through your account.
This indemnification obligation shall survive the termination of your account and these Terms of Service.
6.5 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCALEYOURPRODUCT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(b) That the Services will meet your requirements or expectations;
(c) That the Services will be uninterrupted, timely, secure, or error-free;
(d) That your emails will be delivered, opened, or responded to;
(e) That data obtained or transmitted through the Services will be accurate or reliable;
(f) That any errors or defects in the Services will be corrected.
6.6 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) SCALEYOURPRODUCT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(b) SCALEYOURPRODUCT SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES ARISING FROM YOUR COMMUNICATIONS OR USE OF SCRAPED/THIRD-PARTY DATA;
(c) IN NO EVENT SHALL SCALEYOURPRODUCT'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE AMOUNT YOU PAID TO SCALEYOURPRODUCT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM;
(d) SCALEYOURPRODUCT SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND OUR REASONABLE CONTROL.
6.7 Third-Party Complaints and Legal Actions
If ScaleYourProduct receives any complaint, legal demand, subpoena, or lawsuit related to your use of the Services:
(a) We may provide your account information and relevant data to the complaining party or legal authorities as required or permitted by law;
(b) You agree to cooperate fully in any investigation or legal proceeding;
(c) You shall reimburse ScaleYourProduct for any costs, legal fees, settlements, or judgments incurred as a result of your actions;
(d) We may immediately suspend or terminate your account pending resolution of the matter.
6.8 Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT:
(a) You have read and understood this Section in its entirety;
(b) You accept full responsibility for your use of the Services and all consequences thereof;
(c) ScaleYourProduct is not responsible for how you use our platform or the content of your communications;
(d) You will not hold ScaleYourProduct liable for any claims arising from your actions, data sources, or communications.
7.1 Third-Party Service Providers
Our platform integrates with third-party services including but not limited to:
(a) Payment processors (e.g., Stripe, PayPal);
(b) Email infrastructure providers (e.g., Google Workspace, Microsoft 365);
(c) Cloud hosting providers;
(d) AI and machine learning tools for content generation and optimization;
(e) Analytics and tracking services.
7.2 Third-Party Terms
By using our Service, you agree to comply with the terms of service, acceptable use policies, and privacy policies of all third-party services integrated with our platform. We are not responsible for your compliance with third-party terms.
7.3 Third-Party Disclaimers
(a) We make no warranties regarding the availability, accuracy, or reliability of third-party services;
(b) We are not liable for any interruptions, errors, or data loss caused by third-party service providers;
(c) AI-generated content: We disclaim all warranties regarding the accuracy, completeness, or suitability of any AI-generated content. You are solely responsible for reviewing and approving all AI-generated content before use;
(d) Changes to third-party services, pricing, or terms are beyond our control and may affect Service functionality.
7.4 Automated Tools and Data Extraction
Use of automated data extraction tools, scrapers, or bots is permitted only when:
(a) Compliant with these Terms of Service;
(b) Compliant with applicable laws and the terms of the data sources;
(c) Used for legitimate business purposes within the platform.
Unauthorized scraping or data extraction may result in immediate account termination.
8.1 Company Ownership
ScaleYourProduct and Oryx Innovation GmbH retain all rights, title, and interest in and to:
(a) The Service, including all software, algorithms, code, and technology;
(b) All website content, including text, graphics, logos, icons, images, and compilations;
(c) All trademarks, service marks, trade names, and branding;
(d) All documentation, training materials, and support content;
(e) Any improvements, modifications, or derivative works of the foregoing.
8.2 User License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes. This license does not include the right to:
(a) Copy, modify, or distribute any part of the Service;
(b) Reverse engineer, decompile, or disassemble any software;
(c) Remove or alter any proprietary notices or labels;
(d) Use the Service to build a competing product or service;
(e) Sublicense, sell, or transfer your access to any third party.
8.3 Trademark Restrictions
You may not use any ScaleYourProduct trademarks, logos, or branding without our prior written consent. Unauthorized use of our intellectual property may result in legal action.
8.4 Copyright Protection
All software and content are protected under German and international copyright laws. Unauthorized reproduction or distribution is strictly prohibited.
9.1 Ownership of Submissions
Any comments, suggestions, ideas, feedback, or other submissions you provide to us ("Submissions") become the sole property of ScaleYourProduct. We are under no obligation to:
(a) Maintain any Submissions in confidence;
(b) Pay compensation for any Submissions;
(c) Respond to or acknowledge any Submissions.
9.2 License Grant
By submitting any content or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display such Submissions for any purpose without restriction.
9.3 User Content Responsibility
You represent and warrant that any Submissions you provide:
(a) Do not infringe any third-party intellectual property rights;
(b) Are not confidential or proprietary to any third party;
(c) Do not violate any applicable laws or regulations.
10.1 Required Conduct
When using our Service for email outreach or marketing, you must:
(a) Conduct all outreach in a respectful, professional, and lawful manner;
(b) Obtain proper consent before contacting any individual, as required by applicable laws (CAN-SPAM, GDPR, CASL, etc.);
(c) Use only contact information you are authorized to use;
(d) Respect opt-out requests promptly (within 10 business days or as required by law);
(e) Comply with all platform guidelines and sending limits;
(f) Accurately identify yourself and your organization in all communications;
(g) Provide a valid physical mailing address in commercial emails.
10.2 Prohibited Outreach Practices
The following practices are strictly prohibited and will result in immediate account termination:
(a) Sending unsolicited bulk emails (spam);
(b) Using deceptive subject lines or false header information;
(c) Purchasing or using email lists without verified consent;
(d) Sending threatening, harassing, or abusive messages;
(e) Impersonating another person or organization;
(f) Sending content that violates any applicable laws;
(g) Circumventing spam filters or deliverability controls.
10.3 Enforcement
Violation of these Ethical Outreach Standards will result in:
(a) Immediate suspension of sending capabilities;
(b) Account termination without refund;
(c) Permanent ban from the platform;
(d) Reporting to relevant authorities where required.
11.1 Permitted Use
The Service is provided solely for your internal business purposes, including:
(a) Managing email outreach and marketing campaigns;
(b) Organizing and maintaining contact databases;
(c) Analyzing campaign performance and metrics;
(d) Automating legitimate business communications.
11.2 Prohibited Activities
You may not use the Service to:
(a) Violate any applicable law, regulation, or third-party rights;
(b) Send spam, phishing emails, or malware;
(c) Harvest, scrape, or collect data in violation of applicable laws or third-party terms;
(d) Distribute illegal, harmful, threatening, abusive, defamatory, or obscene content;
(e) Infringe any intellectual property rights;
(f) Circumvent, disable, or interfere with security features;
(g) Attempt to gain unauthorized access to any systems or data;
(h) Use the Service in any manner that could damage, disable, or impair the platform;
(i) Engage in any activity that violates GDPR, CAN-SPAM, CASL, or other privacy/anti-spam laws.
11.3 Consequences
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 action for damages.
12.1 GDPR Compliance
ScaleYourProduct processes personal data in accordance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. Our processing activities are detailed in our separate Privacy Policy.
12.2 Data Controller and Processor Roles
(a) When you use our Service, you act as the Data Controller for any personal data you upload or process through the platform;
(b) ScaleYourProduct acts as a Data Processor, processing data on your behalf according to your instructions;
(c) As a Processor, we comply with the requirements of GDPR Article 28.
12.3 Cross-Border Data Transfers
Data transfers outside the European Economic Area (EEA) are conducted with appropriate legal safeguards, including Standard Contractual Clauses where applicable.
12.4 Data Security
We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction.
12.5 Privacy Policy
Our full Privacy Policy, available at https://www.scaleyourproduct.com/data-privacy, forms part of this Agreement and governs our collection, use, and disclosure of personal information.
13.1 Right of Withdrawal
If you are a consumer located in the European Union, you have the right to withdraw from your subscription within fourteen (14) days of purchase without providing any reason, subject to the conditions below.
13.2 Conditions for Withdrawal
The 14-day withdrawal right applies only if:
(a) You have not accessed or used the Service during the withdrawal period;
(b) No domains or mailboxes have been provisioned;
(c) No credits have been consumed;
(d) No campaigns have been sent.
13.3 Waiver of Withdrawal Right
By accessing and actively using the Service, you acknowledge that you request immediate performance of the contract and that you lose your right of withdrawal once the Service has been fully performed or you have begun using it.
13.4 How to Exercise Withdrawal
To exercise your withdrawal right, send a clear statement to accounts@scaleyourproduct.com within 14 days of purchase, including your account email and purchase date.
14.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.
14.2 Jurisdiction
Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Germany. You consent to personal jurisdiction in these courts and waive any objection to venue.
14.3 Language
This Agreement is drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
15.1 Invalid Provisions
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
(a) Such provision shall be enforced to the maximum extent permissible;
(b) The invalid portion shall be severed from this Agreement;
(c) All remaining provisions shall continue in full force and effect.
15.2 No Waiver
The failure of ScaleYourProduct to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged in writing.
16.1 Uptime Commitment
ScaleYourProduct commits to maintaining 99% platform availability ("Uptime") during each calendar month, measured across our core services (dashboard access, email sending, campaign management).
16.2 How Uptime Is Calculated
Uptime percentage = ((Total minutes in month - Downtime minutes) / Total minutes in month) × 100
Downtime means periods when the core platform is completely inaccessible to users due to issues within our control. Downtime does NOT include:
(a) Scheduled maintenance (announced at least 24 hours in advance via email or in-app notification);
(b) Issues caused by third-party services (payment processors, email providers, DNS providers);
(c) Force majeure events (natural disasters, war, government actions);
(d) Issues caused by your actions, equipment, or internet connectivity;
(e) Suspension of your account due to non-payment or policy violations.
16.3 Service Credits
If we fail to meet the 99% Uptime commitment in any calendar month, you may request a service credit:
Monthly UptimeService Credit98.0% - 98.99%10% of monthly fee95.0% - 97.99%25% of monthly feeBelow 95.0%50% of monthly fee
16.4 How to Claim Service Credits
To receive a service credit, you must:
(a) Submit a request to accounts@scaleyourproduct.com within 14 days of the end of the affected month;
(b) Include "SLA Credit Request" in the subject line;
(c) Provide the dates and approximate times of the downtime you experienced.
16.5 Credit Limitations
(a) Service credits are applied to future invoices and cannot be exchanged for cash refunds;
(b) Maximum credit per month shall not exceed 50% of your monthly subscription fee;
(c) Credits do not apply to domain purchases, one-time fees, or DFY service fees;
(d) You must be in good standing (no overdue payments) to claim credits;
(e) Service credits are your sole and exclusive remedy for any failure to meet the Uptime commitment.
16.6 No Guarantee of Specific Performance
While we commit to 99% Uptime, this SLA does not guarantee:
(a) Email deliverability, open rates, or reply rates;
(b) Availability of third-party integrations;
(c) Specific response times for support requests;
(d) That the Service will be error-free.
For questions, concerns, support inquiries, or legal notices regarding these Terms of Service, please contact:
Oryx Innovation GmbH
Trading as: ScaleYourProductEmail: accounts@scaleyourproduct.com