Terms of Service

1. The Service

Scaleapp provides an online software-as-a-service learning management system ("Service") that enables organizations to create, manage, and distribute learning content and track user progress.

We may update or modify the Service as needed, including adding, removing, or changing features.

2. Accounts & Registration

To use the Service, you must create an account and provide accurate and current information. You are responsible for:

• Maintaining confidentiality of login credentials
• All activities performed under your account
• Immediately notifying us of unauthorized access

We reserve the right to suspend accounts that violate these Terms.

3. Customer Data & Data Ownership

3.1 Customer Data Ownership

All data uploaded, created, or processed through the Service by the Customer or its authorized users — including course materials, media, documents, user lists, training results, assessments, and messages — ("Customer Data") remain the sole property of the Customer.

Scaleapp does not claim ownership of Customer Data.

3.2 License to Process Data

Customer grants Scaleapp a limited, worldwide license to process Customer Data solely for the purpose of operating, maintaining, and improving the Service.

Scaleapp will never sell Customer Data or use it for advertising.

3.3 Data Protection Compliance

If the Customer is subject to GDPR or other data protection laws, additional terms govern the processing of personal data. These are outlined in the Scaleapp Data Processing Agreement (DPA), which forms a binding part of these Terms when required.

4. Scaleapp Intellectual Property

The Service, including all software, code, architecture, technology, design, and documentation, is owned by Scaleapp Education AB and its licensors.

Except where expressly permitted:

• You do not acquire ownership of the Service
• You may not reverse engineer, modify, or copy the platform
• You may not resell or sublicense the Service

Customer retains full ownership of Customer Data; Scaleapp retains full ownership of the platform.

5. Customer Responsibilities

Customer agrees to:

• Use the Service in compliance with all laws and regulations (including GDPR if applicable)
• Maintain accurate records of authorized users
• Ensure that Customer Data does not infringe any third-party rights
• Obtain any required consents from end users
• Not upload harmful code, malware, or illegal content

Customer is responsible for all user activity within its organization's account.

6. Prohibited Conduct

Customer and users may not:

• Attempt to gain unauthorized access to the Service
• Interfere with or harm Scaleapp's systems
• Copy or create derivative works of the Service
• Circumvent security or access controls
• Use the platform for unlawful, defamatory, or abusive purposes
• Upload malicious files or harmful content

7. Service Availability & Support

7.1 Service Level Commitments

Scaleapp commits to maintaining the following uptime targets for the Service, excluding scheduled maintenance and outages beyond our reasonable control:

• Standard Tier: 99% monthly uptime
• Enterprise Tier: 99.9% monthly uptime

Uptime is measured monthly and excludes:

• Scheduled maintenance windows (announced with at least 7 days notice)
• Outages caused by factors beyond our reasonable control (force majeure events, third-party service failures, DDoS attacks)
• Downtime caused by Customer's network, equipment, or actions

7.2 Planned Maintenance

We perform regular maintenance to ensure security, stability, and performance. Scheduled maintenance typically occurs:

• Outside business hours (evenings/weekends) when possible
• During low-traffic periods
• With at least 7 days advance notice for major updates
• Emergency security patches may be deployed with minimal notice

7.3 Service Changes & Feature Updates

Scaleapp may update, modify, or discontinue Service features at any time. We will:

• Provide advance notice of material changes to core features (at least 30 days)
• Make reasonable efforts to maintain backward compatibility
• Offer migration assistance for deprecated features when feasible
• Continue supporting features for a reasonable transition period before discontinuation

7.4 Support Services

Support services are included based on your subscription tier:

• Standard Tier: Email support (24-48 hour response time)
• Enterprise Tier: Priority email and phone support (4-24 hour response time based on severity)

Support hours and response time SLAs are detailed in your commercial agreement or service plan documentation. Critical security issues will be prioritized regardless of support tier.

7.5 Monitoring & Incident Response

Scaleapp monitors the Service 24/7 for critical issues. In the event of an outage or performance degradation:

• We will initiate incident response procedures immediately
• Enterprise customers will receive incident notifications via email and dashboard
• Post-incident reports are available upon request for Enterprise customers
• We maintain a status page at status.joinscaleapp.com with real-time system status

7.6 Limitations

Scaleapp does not guarantee:

• Uninterrupted access without any brief outages
• 100% uptime or zero data loss
• That the Service will meet all requirements of every use case
• Performance during periods of unusual traffic or load

For outages exceeding the committed uptime SLA, eligible Enterprise customers may be entitled to service credits as specified in their service agreement. Standard Tier customers should contact support for escalation.

8. Third-Party Services & Sub-Processors

Scaleapp may use third-party services to deliver the platform (e.g., hosting, database, email delivery). A current list of sub-processors is provided in our Sub-Processor List, updated as needed.

Use of third-party services is subject to their respective terms and privacy policies.

9. Payment & Subscription Terms

Where applicable:

• Subscriptions renew automatically unless cancelled
• Fees are non-refundable unless otherwise stated
• We may adjust pricing with prior notice
• Late payments may result in suspension of the Service

For enterprise agreements, separate commercial terms may apply.

10. Modifications to Terms

We may update these Terms periodically. If changes materially impact your rights, we will provide reasonable notice. Continued use of the Service constitutes acceptance of the updated Terms.

11. Termination

We may suspend or terminate access to the Service if:

• Terms are violated
• Payment is overdue
• Customer engages in harmful or unlawful behavior

Upon termination:

• Customer may request export of Customer Data within 30 days
• After 30 days, we may delete Customer Data unless legally required otherwise

12. Security

Scaleapp implements commercially reasonable technical and organizational measures to protect Customer Data, including:

• Encryption in transit and at rest
• Access controls
• Logging and monitoring
• Regular backups

No system is completely secure, and we do not guarantee that unauthorized access will never occur.

13. Confidentiality

Each party agrees to keep confidential any non-public information received from the other party unless:

• Required by law
• Already publicly known
• Disclosed with written consent

14. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE." Scaleapp disclaims all warranties, express or implied, including:

• Fitness for a particular purpose
• Non-infringement
• Availability or uptime
• Accuracy of results
• Expectations of Customer's business outcomes

15. Limitation of Liability

To the maximum extent permitted by law:

1. Scaleapp shall not be liable for any indirect, incidental, special, exemplary, or consequential damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility.
2. Scaleapp's total aggregate liability for any claim shall not exceed the fees paid by the Customer during the twelve (12) months preceding the event giving rise to the claim.
3. Scaleapp is not liable for:
   • Customer Data loss
   • Outage or downtime
   • Unauthorized access due to Customer actions
   • Content created or uploaded by Customer
   • Third-party service failures

Some jurisdictions may not allow certain limits; where not allowed, the minimum legally permitted limit applies.

16. Indemnification

Customer agrees to indemnify and hold harmless Scaleapp from claims arising out of:

• Customer's misuse of the Service
• Customer Data (including IP violations)
• Violations of laws or regulations
• Use of the Service by Customer's end users

17. Governing Law & Dispute Resolution

These Terms are governed by Swedish law, except for conflict rules.

All disputes shall be resolved exclusively by the courts of Sweden, unless a separate enterprise contract specifies alternative jurisdiction.

18. Contact Information