Introduction
These Terms of Service ("Terms") govern your access to and use of our email marketing services, including our website.
Scalemail is a registered DBA (Doing Business As) of 1088 Consulting Inc., a company operating under the laws of the Philippines. By accessing our website or using our services, you agree to comply with these Terms. Please read them carefully before proceeding.
You may be bound by additional contracts related to your relationship with us or any services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
Electronic Communication
By using Scalemail, you consent to receiving electronic communications from us via email, notifications on our website, or other digital channels. These communications include service updates, transactional emails, marketing messages, and legally required notices.
You acknowledge that electronic communications satisfy any legal requirements that such communications be in writing. It is your responsibility to ensure that Scalemail’s emails are not blocked or filtered into spam folders.
Intellectual Property
All content, strategies, and materials created by Scalemail, including email templates, automation flows, and campaign assets, remain the intellectual property of Scalemail unless otherwise agreed in writing. Clients are granted a license to use these materials for their own business purposes only.
This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Scalemail reserves the right to showcase anonymized case studies and email performance data for promotional purposes. Unauthorized use of our proprietary frameworks or branding may result in legal action.
Right of Withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period will expire after 30 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (for example, a letter sent by post, fax, or email).
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.
Termination of Use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website.
You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Warranties and Liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content.
We make no warranty that: this website or our content will meet your requirements; this website will be available on an uninterrupted, timely, secure, or error-free basis. Nothing on this website constitutes or is meant to constitute legal, financial, or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability.
In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
Indenification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Entire Agreement
These Terms and Conditions shall constitute the entire agreement between you and Scalemail in relation to your use of this website.
Updating of these Terms and Conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law principles.
Contact Information
This website is owned and operated by Scalemail. You may contact us regarding these Terms and Conditions by emailing us at: support@scalemail.ai
