ScaleApp Terms & Conditions
Welcome to ScaleApp!
Scale App Pty Ltd ACN 669 024 177 (ScaleApp, we, our or us) issues the App and provides the Services to users (User, you or your) in accordance with these terms and conditions, including any annexure or addendum to them (Terms).
By signing up for a ScaleApp Account and using the App, or otherwise using the Services, you agree that you are bound by and agree to these Terms, and that you have read and agree to the Privacy Policy.
These Terms operate in addition to any agreement(s) that you have in place with a third party, for example the provider of an Approved Payment Method.
DEFINITIONS
In these Terms, unless the context requires otherwise:
App means the application issued by ScaleApp and underlying software through which you may access and use the Services.
Approved Payment Method means a Bank Account or a Valid Card.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Bank Account means an Australian bank account linked to your ScaleApp Account relation to which you have given authority for ScaleApp to deduct Subscription Fees.
Business Subscriber means a third party with whom we have an arrangement that entitles us to promote the third party’s products or services to you.
Force Majeure Event means any acts, events, omissions or accidents beyond our reasonable control, including, without limitation an act of God, fire, flood, pandemic, explosion or accidental damage, law imposed by any government, actions or omissions of third parties or any malicious code interfering with the App or Services, or other cyber-attack.
Intellectual Property Rights means all intellectual property rights of any type whatsoever throughout the world including all present, future, registered and unregistered rights which subsist in copyright, patent rights, trademark rights and design rights.
Linked User means a person (who may, for example, be your spouse or property investment partner) that you have authorised to access your ScaleApp Account.
Pricing Schedule means the schedule of ScaleApp Subscription Fees published on our Website, as varied from time to time in accordance with these Terms.
Privacy Policy means the ScaleApp privacy policy available on our Website, as varied from time to time.
Services means the services provided by us to you via the App, including but not limited to the services set out in these Terms under the heading ‘App Services and Functionality’.
ScaleApp Account means your online account with ScaleApp which enables you to use the App and access the Services.
Subscription means your agreement with ScaleApp to subscribe to Subscription Level for the Subscription Term in accordance with these Terms.
Subscription Fee means the fee payable for the Subscription Level in accordance with the Pricing Schedule and these Terms, as varied from time to time.
Subscription Level means the subscription level selected by a user. The different Subscription Levels, including the App functionalities included with each Subscription Level, are published on our Website.
Subscription Term means the 12-month period starting on the day immediately following your election of the Subscription Level.
Valid Card means an Australian-issued credit card or debit card.
Website means the website located at scaleapp.com.au
CUSTOMER ELIGIBILITY
You must have a ScaleApp Account to use the App and access the Services.
To be eligible to apply for a ScaleApp Account and use the Services, you must:
be capable of forming a legally binding contract;
hold a valid email address; and
be either:
a body corporate registered in Australia;
a partnership;
an Australian government body;
an association (incorporated or unincorporated); or
an individual who is at least 18 years old.
We may, in our sole and absolute discretion, refuse to issue you with a ScaleApp Account and/or to provide you with our Services. ScaleApp is not required to provide you with a reason for any refusal.
We may ask you to provide information as part of considering your application and verifying your identity, or as part of our compliance obligations or ongoing monitoring of your ScaleApp Account, which you must provide within 5 days, or to set further requirements that may be reasonably necessary to protect Scale’s interests.
YOUR SCALEAPP ACCOUNT
You can register for a ScaleApp Account by downloading the App onto your mobile device or accessing the Website, providing the requested information, selecting the desired Subscription Level and accepting these Terms.
Your ScaleApp Account will enable you to login to the App to manage your ScaleApp Account, use the App and Services, and to manage other user details regarding your relationship with us. For example, you may store the details of a Property, or the details of an Approved Payment Method if your Subscription Level requires payment of Subscription Fees.
You agree to comply with all requests to provide ScaleApp with information and other documents required by ScaleApp to register your ScaleApp Account. If you do not provide us with the requested information, we may choose not to issue with a ScaleApp Account and may not be able to provide the Services to you.
You permit us to keep a record of information that you provide to us as part of the sign-up process, and to share it with third parties in accordance with our Privacy Policy, and authorise us to make inquiries, both directly and through third parties, to verify your identity, and to protect you and/or us against fraud or other financial crime.
You warrant that all information provided to us in the setup of your ScaleApp Account is true and correct, and agree to promptly notify us if any of the information provided needs to be corrected or updated.
You are responsible for protecting and maintaining the security of your ScaleApp Account , including your ScaleApp Account login and password. This obligation extends to any Linked Users.
You are solely responsible for any activity in relation to your ScaleApp Account, including Linked Users that you invite and the information that you provide.
You may open more than one ScaleApp Account in different capacities. For example, you may open a ScaleApp Account in your individual personal capacity, and one on behalf of a business in your capacity as a sole trader. You agree and acknowledge that each ScaleApp Account will be treated as a separate account and that you will have separate rights and obligations under these Terms in relation to each.
You must not, and must ensure that any Linked User does not, use your ScaleApp Account, the App or our Services in a fraudulent manner or in any way that may breach these Terms or damage Scale’s reputation.
You agree that we may refuse to issue a ScaleApp Account to you, or decide to place limits on your ScaleApp Account, in our sole discretion.
LINKED USERS
You may invite another ScaleApp Account holder to access your ScaleApp Account, for example a spouse, property investment partner or professional advisor. When you invite a ScaleApp Account holder to become a Linked User, you will be asked what level of access you wish to give to the Linked User. For example, a Linked User may be restricted to “view only” access.
A person must have their own ScaleApp Account to be eligible to be a Linked User.
For the avoidance of doubt, these Terms apply to any person’s use of or access to the App, the Services and a ScaleApp Account. If you are a Linked User accessing another user’s ScaleApp Account, these Terms apply to your use and access of that ScaleApp Account.
We are entitled to assume that any person who inputs information from your ScaleApp Account is either you, or a Linked User that is inputting data with your authority, and you agree that we are not liable or in any way responsible for the activity of a Linked User on your ScaleApp Account.
SUBSCRIPTIONS
When you register for a ScaleApp Account, subject to your application being accepted, you will be asked to select a Subscription Level.
The Services that you can access, and the Subscription Fee payable, will vary according to your chosen Subscription Level. You can increase Subscription Levels at any time via your ScaleApp Account, but cannot decrease your Subscription Level until the end of your Subscription Term.
The Subscription Fee will be charged on a monthly basis in advance based on the date that you selected the Subscription Level, and deducted from your chosen Approved Payment Method. For example, if you were issued with a ScaleApp Account on 1 January and elected to subscribe to Subscription Level 2 on 1 February, you will be charged on 1 February for the following calendar month, or the first business day immediately following that day. If you increase your Subscription Level during the calendar month for which you have paid, the difference in Subscription Fee will be charged on a pro-rata basis on the next payment date.
The Subscription Fee is not refundable, and your Subscription cannot be cancelled by you before the end of your Subscription Term other than in accordance with Clause 63 of these Terms. If your Subscription is suspended or cancelled, we will refund the Subscription Fees paid in advance on a pro rata basis so that you are not charged for Services that you are not able to access.
We may decrease or waive a Subscription Fee for promotional purposes from time to time.
We may change the Subscription Fee payable from time to time, but will not charge you the increased Subscription Fee during your current Subscription Term. We will provide at least 14 days’ written notice of any changes to your Subscription Fee. It is your responsibility to review the applicable Subscription Fee before you elect to subscribe to a Subscription Level, or to renew a Subscription Term.
You acknowledge and agree that we may require you to confirm your Valid Card or Bank Account by completing a confirmation process, which will require you to confirm the amounts of two small deposits made by us to you (each between $0.01 and $1.00 AUD).
You agree that you will pay the Subscription Fees as charged from time to time as consideration for ScaleApp providing the Services.
APP SERVICES AND FUNCTIONALITY
ScaleApp Profile
ScaleApp allows you to build a user profile (ScaleApp Profile) with your personal information, so that we are able to provide you with personalised analysis. Based on your ScaleApp Profile, the App will tailor the information that you receive via the App, for example including forecasts and tax implications, so that the information you receive is relevant to your property investment goals and circumstances.
You are not required to build a ScaleApp Profile to use the App, but the functionality and access to various Services, for example the ScaleApp Simulator, will be limited without building a complete ScaleApp Profile. Subscription Levels will have different degrees of ScaleApp Profile customisation available, and different access to the corresponding App features and Services.
Depending on the Subscription Level, you may also give permission to a Linked User to collaborate with your ScaleApp Profile, so that you can build a joint ScaleApp Profile.
Your ScaleApp Profile will be updated based on the information that you provide. You acknowledge and agree that you are responsible for providing accurate data, and that the personalised analysis and data generated by the App is based on the information that you provide.
The information that you provide, including for example any financial goals, are intended to provide you with a personal in-App experience to assist you track and work towards your property investment goals. Although the data and information provided and generated via the App is tailored based on your inputs, ScaleApp does not provide personal property or financial advice, and is not responsible for your reliance on any tailored data that is generated via the App.
ScaleApp Portfolio
ScaleApp Portfolio (also referred to as a “Dashboard”) allows you to generate retrospective performance and cashflow metrics for the properties uploaded to your ScaleApp Portfolio.
A user can add up to 5 properties to their ScaleApp Portfolio, and can customise the metrics based on the user’s property investment strategy, depending on your Subscription Level. The information generated will depend on the information you input into your ScaleApp Portfolio, including for example (but not limited to) property expenses, tenancy status and financing.
ScaleApp will also push-out various App notifications to alert you about information pertinent to the properties in your ScaleApp Portfolio, including for example information about the products and services offered by our Business Subscribers, notifications about optimal refinance timing, interest rate movements and relevant market updates. These notifications are for information only, and we make no guarantee or warranty that such notifications will be comprehensive or timely. If you wish to receive notifications, you are responsible for ensuring your mobile device settings enable such notifications. You can opt out of receiving these App notifications by adjusting the notification settings on your mobile device.
You can opt in to receive notifications to alert you about information pertinent to the properties in your ScaleApp Portfolio by SMS. You can opt of receiving these SMS notifications by following the instructions for unsubscribing in the SMS.
The information provided, including in relation to performance and cashflow metrics, is retrospective only. We use reasonable and reputable data sources to generate predictions, forecasts and other forecasts, but make no representations about Scale’s ability to accurately predict or forecast future events or economic conditions.
ScaleApp Simulator
ScaleApp Simulator enables users to access and engage with various industry insights about property investment, the property market and relevant economic conditions in a way that may assist you with your property investment decisions.
The ScaleApp Simulator functionality available for your Subscription Level are accessed via the App, and may include (for example):
Financing calculators, which will use information from your ScaleApp Profile and ScaleApp Portfolio (as relevant) to understand your borrowing power and investment risk. The calculators will also assist you to compare different property investments options.
Generating reports, including for example reports about your borrowing options and power, or tailored feasibility reports for a specific property.
ScaleApp Simulator enables users to interact with a portfolio model that is imbedded into the App, to simulate the trajectory of a property portfolio and to compare various property investment scenarios to assist you implement a property investment strategy that aligns with your goals. Users can also set model parameters and goals, for example in relation to equity goals, rental income and capital depreciation or appreciation.
To use the ScaleApp Simulator, a user is required to provide the necessary information, including for example the individual properties and the information provided as part of the user’s ScaleApp Profile. Information and reports generated via ScaleApp Simulator use information provided by you any Linked User that you have invited to collaborate on your ScaleApp Profile and/or ScaleApp Portfolio, and data sourced from third-party sources. We take steps to ensure the information is reliable and accurate, but it does not replace professional advice and should not be solely relied on to make decisions.
ScaleApp Resources
ScaleApp Resources provides you with access to various educative resources about property investment, and will provide you with access to on-demand lessons about property investment management and other third-party resources. ScaleApp Resources may be published on the App, the Website or in a newsletter sent to your nominated email address. If you do not wish to receive ScaleApp’s regular newsletter, you can unsubscribe using the unsubscribe link in the email.
The ScaleApp Resources (including the newsletter) may contain links to third-party resources and service providers, including Business Subscribers, and may also engage Business Subscribers and third parties to provide the Scale Resources to you.
If you engage directly with a Business Subscriber or third party that you have been introduced to via the App, that party may have its own terms and conditions that you will be required to agree to and comply with that is separate from these Terms.
We do not guarantee or warrant the performance of any third party. You acknowledge that a third party may suspend or terminate its arrangement with ScaleApp at any time. If a third party suspends or terminates its arrangement with us, we may not be able offer the ScaleApp Resources, or other Services, that rely on that service provider.
APPROVED PAYMENT METHODS
If you have selected a paid Subscription Level, you must link your chosen Approved Payment Method to your ScaleApp Account to facilitate payment of the Subscription Fees.
When you link your Approved Payment Method, you are warranting that:
you have authority to access and use the Approved Payment Method, including to pay for Subscription Fees
you are complying with any conditions or terms imposed by the provider of the Approved Payment Method
the issuer of your Approved Payment Method will fulfil the Subscription Fee payments.
You are deemed to have provided us with unconditional authorisation for your Approved Payment Method to be debited or charged with the Subscription Fee amount payable in accordance with these Terms when you link your Approved Payment Method.
We are not liable for any loss or damage suffered by you, or any claim made against you, in relation to any fraudulent or non-permitted use of your Approved Payment Method. You must notify us immediately if your Approved Payment Method is compromised, including for example if your card is lost or stolen or your bank account details have been hacked. If we receive such notice, you authorise us to take reasonable steps to cancel any pending payments using that Approved Payment Method, and agree to cooperate with ScaleApp to select another Approved Payment Method that is not compromised.
You are responsible for ensuring that the details of any Approved Payment Method that you link to your ScaleApp Account are correct.
CHARGEBACKS & REVERSALS
You acknowledge that if the Subscription Fee you pay to ScaleApp is not received by us in cleared funds, or is reversed or charged back, we may suffer loss and damage in an amount not less than the applicable Subscription Fee.
To the extent permitted by law, and to the extent permitted by Scale’s agreements with its banks, card issuers, merchant facility providers and other third parties, you agree not to seek a chargeback or payment reversal in respect of any payment made to ScaleApp under these Terms.
You indemnify ScaleApp for any loss, cost, expense or damage which we incur due to a payment being reversed, charged back or otherwise not received by Scale, and agree to compensate ScaleApp for an amount equal to the payment that was reversed, charged back or not received plus any charges imposed by the bank, card issuer, merchant facility provider or other third party.
GENERAL TERMS OF USE
You will not, and you will not permit any other person (including but not limited to any Linked User) to:
use or access the Website, App or Services in a way that infringes our intellectual property rights or the intellectual property rights of any other person
use or access the Website, App or Services in a way that breaches a term of an agreement between you and a third party, including a client or issuer of an Approved Payment Method
use any anonymous network or protocol to access the Website, App or Services
use any method or process to consolidate or combine the Website or App with any other content, data, information, image or material
decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the App
do anything which will or may damage, disrupt access to, or interfere with the proper operation of the Website or the App for any period of time
knowingly introduce viruses, Trojans, worms, bots, logic bombs or other malicious software to the Website or App
do anything which will or may place an unreasonable load on the infrastructure of the Website or App
post, distribute or send any ‘spamming’ material or any other form of bulk communication on or via the Website or App
use the Website, App or Services to transmit any material which contains viruses or other computer codes designed to interrupt, limit or destroy the efficient operation of the App
impersonate any person or entity
use the Website, App or Services for any unlawful purpose
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or App
otherwise use the Website, App or Services for any purpose that may harm Scale’s reputation.
The way in which you use of the App and Services, including how you choose to use and rely on the information accessed and generated via the App, is solely your responsibility.
PROHIBITED USES
You must not:
permit any unauthorized user to access or use your ScaleApp Account;
sell, resell, distribute, modify, reproduce, download, upload, translate, adapt, merge, alter, or enhance any information obtained from the App or in the course of using our Services;
use the App or our Services to generate statistical, comparative, or benchmarking reports or to provide recommendations to third parties;
reverse engineer, decompile, tamper with, or engage in systematic data extraction from the App or our Services, including the use of screen scraping, bots, or spiders;
use the App or our Services to develop or support a competing product or service; or
otherwise use the App or our Services for wrongful, illegal or fraudulent purposes.
USER REPRESENTATIONS
You represent and warrant that:
you will use the Website, App and/or Services in accordance with these Terms and the Rules
if you are an individual, you are 18 years or older and capable of entering into a legally binding agreement
if you are a corporation, you are duly constituted and registered and possess the requisite power to enter into these Terms, and any individual entering into these Terms on your behalf is authorised to do so
you are not using an anonymous network to access the Website, App or Services
you will immediately notify us if your ScaleApp Account has been hacked or the subject of a scam
all information you have provided to us is correct, current and complete at the date provided, and you will promptly notify us of any error or changes to such information
you will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them
you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws and any relevant data protection or privacy laws)
your use of the Website, App and/or Services, including inviting Linked Users, does not infringe the rights of any third party or breach any applicable law
you are authorised to use the Approved Payment Method
you have regular access to the internet and consent to us providing you any information, including notice, via the App. We may also contact you at the email address provided when you sign-up for a ScaleApp Account. It is your responsibility to ensure that your contact details are current and up to date at all times, and to check for communications and information from us.
SCALEAPP AND YOUR RELATIONSHIP
You acknowledge that ScaleApp is not a financial adviser, accountant, mortgage broker, or tax or property specialist, and that it does not hold an Australian Financial Services Licence or an Australian Credit Licence.
ScaleApp is in no way soliciting you to buy or sell any property, or to refrain from or engage in any transaction. It is a tool to assist you manage your property portfolio only, and is not a replacement for professional advice.
SUSPENSION AND TERMINATION OF YOUR SCALEAPP ACCOUNT
We may suspend or terminate your ScaleApp Account or your access to the App, or otherwise refuse to provide you with our Services, at any time without notice if we reasonably believe that you have breached or are likely to breach these Terms or any other applicable laws, or if we form the view acting reasonably that your ScaleApp Account has been hacked or is otherwise being used for criminal activity.
At the end of the Subscription Term, if you have subscribed to a paid Subscription Level, access to your Subscription Level will automatically revert back to the free Subscription Level. To avoid the Subscription Level reverting, you must notify ScaleApp prior to the end of the Subscription Term that you elect to renew the Subscription Level, or alternatively elect another Subscription Level, for another Subscription Term. If you fail to renew your Subscription Level before the end of the Subscription, you will lose access to the additional Services that correlate with your chosen Subscription Level.
ScaleApp will maintain the relevant data whilst you maintain a ScaleApp Account, so that if you renew for a new Subscription Term, your access to previously input data and the functionality of your ScaleApp Account will continue as if there was no break in Subscription Terms.
If you delete your ScaleApp Account, we will delete your previously input data unless we are required by law to retain the data. You will not be able to access deleted data.
You may terminate your Subscription before the end of your Subscription Term in the following circumstances:
we breach a material term of these Terms that is not capable of remedy;
we commit a material breach of these Terms and fail to rectify the breach within 5 business days of your notice of the breach; or
we notify you of a modification to this Agreement that materially increases your costs or obligations or materially diminishes your rights, and you provide written notice of the termination within 30 days of our notice of the change.
Suspension or termination of your ScaleApp Account does not affect the payment of Subscription Fees for Services already provided. If your ScaleApp Account is suspended or terminated, we will not deduct any further Subscription Fees from your Approved Payment Method. We will recommence deducting Subscription Fees from your Approved Payment Method if your ScaleApp Account suspension is revoked.
NO GUARANTEE
We take reasonable steps to ensure that we can deliver the Website, App and the Services effectively, reliably and securely. However, we do not warrant, guarantee or represent that:
the Website, App or Services, or any information or other material accessible through our App, will be uninterrupted, timely, reliable, secure, error-free or free of any virus, worm, trojan horse or other harmful component
there will be operational stability, availability or continuation of the Website, App or the Services
the Website, App or our computer systems are safe from hacking
your use of the Website or App, or the Linked User’s use of the Website or App, and the provision of the Services, will not infringe the rights of any third party.
In addition, the Website, App and/or Services may be suspended or discontinued in our sole discretion, and may be inaccessible at times due to:
down-time and/or maintenance of the Website or App and their functions, by us or by third party service providers
outages to the internet, networks or servers
equipment failure, including the failure of third-party systems
down-time, failure and/or maintenance of a third-party source from which we source data required for the provision of Services
a Force Majeure Event.
You acknowledge that we have not made any warranty that the App and/or the provision of our Services will be error free, and we are not required to notify you of any malfunction in the Website or App. If you become aware of an error, including in relation to the App or Scale’s provision of the Services to you, please inform us of the error and we will use our best endeavours to address and rectify the error.
DISCLAIMERS AND LIMITATION OF LIABILITY
Except as otherwise provided for in these Terms, the liability of Scale, our partners, our service providers, and any respective officers, directors, agents, employees or representatives, is limited to the total amount of Subscription Fees paid by you in the 12 months immediately preceding the date that the alleged loss or damage was suffered.
You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of these Terms, and that any liability (however arising) we may have to you is limited in accordance with these Terms.
You agree that nothing on the App is intended to be, or should be taken as, financial, legal, property, taxation or accounting advice. Users should seek their own financial, legal, taxation, property or accounting advice as needed. ScaleApp accepts no responsibility and is in no way liable for your reliance on information provided or access via the App, including information generated using the Services, to you or to any third party, including for example a user’s client.
You acknowledge that ScaleApp does not provide information or advice in relation to foreign taxation rules. You also acknowledge that certain Australian taxation rules will not apply to you if you are not an Australian resident, and that this may impact the accuracy of the Services and information accessed via the App.
We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, scams or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You acknowledge that you should always log into your ScaleApp Account through the App if you are uncertain about the authenticity of any communication or notice.
We are not liable for any breach of these Terms where the breach is due to a Force Majeure Event, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.
We are not liable for any Business Subscriber that we platform or in relation to whom we provide information on the App. Information that we provide in relation to a Business Subscriber has been obtained from that Business Subscriber. We take reasonable steps to ensure information provided on the App is accurate, but are not responsible for any misrepresentation or false information obtained from Business Subscriber.
You acknowledge that we may receive financial incentives or other benefits from Business Subscribers in return for promoting the Business Subscriber’s products or services to you. For example, the Business Subscriber may promote the App or our Services to its clients in return for us promoting the Business Subscriber’s products or services to you.
We obtain data and information from multiple third-party sources for the purpose of offering the App and providing our Services to you. We take reasonable steps to ensure that information sources for the App and Services are accurate and up to date, but we make no guarantee about the accuracy of any such information. Except as required by law, including under the Australian Consumer Law, we are not responsible for any inaccuracies or errors in such information, or incorrect information generated or published via the App, as a result of information supplied to us by, or obtained from, a third-party. You acknowledge and guarantee that you are responsible for verifying information that you access via the App, and that you will make your own enquiries and decision.
We make no representations in relation to, and are in no way liable for, any tax consequences or any claims whatsoever made against you resulting from your use of the Services or reliance on information accessed via the App. The information provided in the App should not be relied upon to satisfy liabilities or obligations that arise, or could arise, under a taxation law or to claim entitlements that arise, or could arise, under a taxation law. You should seek professional tax advice to understand your tax liabilities, obligations and entitlements.
The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the App and the Services, however to the extent we are permitted by law to do so, we limit our liability under such obligations to (in our discretion) resupplying the relevant Service or the cost of resupplying the relevant Service.
INDEMNITY
You indemnify ScaleApp and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an Indemnitee) against all liabilities, claims, losses and expenses (Losses) which may be incurred or suffered by the Indemnitees directly arising out of your failure, or the failure of a Linked User, to comply with these Terms. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to the fraud or wilful default of Scale.
We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms, but we must nevertheless take reasonable steps to mitigate any such expense, loss or damage.
PRIVACY
We will collect, use and store your personal information in accordance with our Privacy Policy (as varied from time to time).
Without limiting our Privacy Policy and subject to relevant law, you expressly authorise us to disclose your personal information or other data to:
a Linked User in accordance with level of access you have given to the Linked User in the App;
the issuer of your Approved Payment Method for the purpose of facilitating payment of the Subscription Fees; and
a service provider used by ScaleApp for the purpose of operating the App or providing our Services.
INTELLECTUAL PROPERTY
You acknowledge that we are the owner of all Intellectual Property Rights which subsist in your ScaleApp Account and the App. You acknowledge that you have no Intellectual Property Rights in your ScaleApp Account or in the App.
You agree to grant ScaleApp a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information which we hold, in any media so that ScaleApp may adequately provide the Services to you.
CONTACTING US
If you have any feedback, questions, or complaints, please contact us accounts@scaleapp.com.au
When you contact us, please provide us with your name, address, and any other information we may need to identify you, your ScaleApp Account, and the transaction on which you have feedback, questions, or complaints.
VARIATION
Unless stated otherwise in the Terms, we may vary these Terms by providing 14 days advance notice via the App, your nominated email address or by any other reasonable means, at any time. You will be taken to have accepted any changes to the Terms by continuing to use the App and Services 14 days after that notice is provided.
You acknowledge that we may vary these Terms immediately without advance notice, in order to:
protect the security or integrity of the App, the Services or any ScaleApp Account
to comply with law or regulation
to manage a technical or system fault or error.
If such a change will materially impact you, we may provide compensation up to but not exceeding the amount of the Subscription Fee paid for the previous payment period.
MISCELLANEOUS
Third parties may have their own terms and conditions that you will be required to agree to and comply with for us to provide the Services. If you do not agree to the relevant third party’s terms and conditions, we may not be able to provide you with the Services or full functionality of the App.
We may assign all or part of our agreement with you without your consent and without notice to you. You may not assign our agreement with you without our consent.
These Terms are governed by the laws of New South Wales, Australia. You and we submit to the exclusive jurisdiction of the courts of New South Wales for resolution of disputes arising in relation to these Terms.
If any provision of these Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of these terms will not be affected.
